Jittery Insurers Back Out of Hurricane Insurance Coverage, Consumers Suffer

Homeowners across the country and especially in the Gulf Coast region can look forward to a long and tough hurricane season. The reason? Homeowners are finding it harder to hold on to their hurricane insurance policies.  

Insurers across the U.S. are raising premiums and dropping coverage to limit their exposure to risks. As a result, homeowners are finding that insurance is not only more expensive, but also more difficult to get. According to the Insurance Information Institute, homeowner policy premiums have risen by 3 percent across the country. The increase is even greater in the Gulf Coast region where the impact of hurricanes tends to be maximized.

  • Last year, state Farm Insurance Company and AllState Corp raised premiums in Texas, blaming a high number of hurricane insurance claims as the result of Gustav and Ike, for the increase.
  • llinois-based AllState has also raised deductibles and stopped offering coverage in some coastal areas.
  • State Farm Florida could soon pull out of the Florida market because it was denied its request for a 47 percent rate increase.
  • According to the Insurance Information Institute, insurers have seen record losses in Texas, Louisiana, Mississippi, and Florida over the past five years. In these areas, premiums have risen sharply. 

The National Oceanic and Atmospheric Administration has forecast between 9 and 15 named storms in 2009, including between 4 and 7 hurricanes. Of these hurricanes, between 1 and 3 will likely be major. However, forecasters are also predicting fewer hurricanes than last year. That should be good news for homeowners in hurricane-prone areas.  

Insurers Backing out of Hurricane Coverage

Insurers are blaming devastating financial losses from powerful hurricanes over the past five years, as well as the current turmoil in the financial markets, for impacting their earnings. Companies use financial investments as an additional source of income to fall back on when they have huge claims to pay out. Most of the major insurers have reported huge losses due to a decline investment income.  

For worried homeowners it does not really matter why an insurer would back out of an agreement. With insurers getting antsy about paying claims, and large numbers of Ike lawsuits still pending in the courts, we can expect more people to need insurance attorneys once November comes and the season ends.

 

 

 

Texas Senate Works to Replenish Texas' Windstorm Insurance Fund

Early this morning the Texas senate passed legislation that would replenish Texas' windstorm insurance fund. After Hurricane Ike this was a major priority for Gov. Rick Perry who urged the Senate to pass the legislation before hurricane season starts in June.

Texas' windstorm insurance fund provides storm insurance coverage for Texas coastal property owners through the Texas Windstorm Insurance Association (TWIA). The TWIA was created in 1971 after Hurricane Celia struck the coast and insurers stop providing their services in the area. Hurricane Season is ApproachingTWIA is the only wind insurer for property owners in the 14 first-tier coastal counties in Texas. TWIA does not seek business, rather they are a "last resort" insurer. When no other insurer will provide windstorm coverage for property owners along the Texas coast, TWIA steps in.

According to the Houston Chronicle, the legislation passed this morning "would allow the windstorm association to issue bonds before or after a storm of up to $600 million, to be paid for through charges to TWIA policy holders and other property and casualty policy holders in Texas."

With hurricane season approaching it is important to have the necessary resources, like insurance, lined up in the unfortunate case that it is needed. While we often see insurance companies delay or deny legitimate claims, it is imperative to maintain coverage, buckle down for the storm season, and find the help you may need after a hurricane; whether it be from your insurance provider or an insurance attorney.

 

 

 

Jefferson County Couple Files Hurricane Insurance Lawsuit Against Texas Farmers Insurance

Texas Farmers Insurance has been accused of unfair practices in a hurricane insurance claims lawsuit filed by a Jefferson County couple as a result of supposed unethical practices to deny claims.

John and Tammie Burden's home in Beaumont, Texas suffered extensive property damage during Hurricane Humberto on September 13, 2007. The destruction included structural damage as well as interior and roof damage caused by rain and flooding. The Burdens, like many other policy holders filed claims with their insurer, Texas Farmers Insurance. They were shocked when the insurer, after sending eight adjusters to assess the damage, told them the property damage was not included in their policy.

The Burdens have now filed a lawsuit alleging Texas Farmer Insurance committed a breach of contract in refusing to pay out the claim.  The lawsuit also names the 8 adjusters involved. As stated in the lawsuit, the company also failed to deny or affirm the claim within a reasonable period of time and failed to explain why the Burdens' claim was denied.

Insurance companies have continuously avoided, delayed, and denied claims payouts for years now, but this matter has recently received special attention, as several devastating hurricanes, including Katrina and Rita inflicted serious damage along the Gulf Coast. In the aftermath of Katrina, some of the country's biggest insurance companies were found to have indulged in unethical practices including: forcing desperate policy holders to settle for less than was agreed upon per the contract. However, Texas insurance laws favor the policyholder, protecting them from: misrepresentation of facts, breach of contract, aggressive practice, and unfair claims adjustments, among other things. Insurers are required to accept or deny claims within a stipulated period of time and, if they intend to deny a claim, must notify the policyholder of the reason for denying the claim. If the insurer is unable to determine whether a claim will be denied or approved they must inform the policyholder of their need for additional time. After the extension, the insurer is required to make a decision about the claim within 45 days.

Pursuing a Hurricane Insurance Claim

Pursuing hurricane insurance litigation requires the expertise of an insurance attorney who is experienced in taking on big name insurance companies. The attorneys at Arnold & Itkin LLP have years of expertise pursing claims against major insurance companies on behalf of policyholders. 

Contact a Texas insurance lawyer at Arnold & Itkin LLP for a free evaluation of your case.