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.

 

 

 

Former Justice Sues AllState for Breach of Contract, Denying Homeowner's Insurance Policy Claim

It is not just the ordinary American who needs insurance attorneys to help deal with disputes with insurance companies. A former Wisconsin Supreme Court Justice filed a lawsuit against AllState for its refusal to pay out a homeowner's policy claim.

Former Justice, William Bablitch, and his wife are suing the company for its refusal to pay $65,000 to cover damage to their Hawaii vacation home. According to the lawsuit, the home suffered water damage last year. AllState Insurance DisputeWhen the Bablitches approached AllState to claim their policy benefits, they were denied their claims. The lawsuit alleges the company breached the contract in refusing to pay out the claim and is acting in bad faith. The company denies those charges and says it is acting reasonably in the claim.

What is an Insurance Policy?

An insurance policy is basically a contract between the customer, who is the insured party, and the insurer or insurance company. This contract defines the obligations of both parties. When either party fails in their duty to fulfill the obligations, they are said to be in breach of contract. When the insurer does not fulfill their obligations as specified under the contract, the insured party can file a lawsuit against the company for breach of contract.

Any policy holder who seeks to recover damages for breach of contract must prove that:

  • The contract was in force at the time of the damage.
  • They were fully in compliance with the terms of the contract.
  • The insurance company breached the terms.

The policy holder here may be able to recover not only the policy benefits, but also any consequential damages that result from the breach of contract, including costs of the lawsuit. Attorneys frequently represent people who have been denied claims by their insurance company.

Hurricane Season is Here

With hurricane season in full swing and insurance companies still recovering from what has been one of the busiest and most disastrous hurricane eras in recent history, you can bet many insurers will delay and deny as many claims as they can get away with. The fact remains, if you submit a legitimate claim for damages caused to your home in a hurricane, it is your insurers responsibility to uphold their end of the agreement and pay out your claim.

 

 

 

Court Rules in Insurance Lawsuit, Insurer Must Disclose Surcharges

A California court ruled Safeco Insurance Company must disclose previously unapproved surcharges the company charged its customers. Safeco charged its policyholders hundreds of dollars more for auto insurance in alleged violation of Proposition 103.  The law prohibits insurance companies from charging customers if they did not previously possess insurance.

A Los Angeles Superior Court Judge ordered the company to furnish a list of policyholders who were levied these additional surcharges. The decision allowed policy holders to take part in litigation. The company appealed, and now, the California Court of Appeal in Los Angeles has backed the judgment. Harvey Rosenfield, the author of Proposition 103, called the decision an “important victory" for policyholders because the company knowingly broke the law and hid its lawbreaking from customers and state regulators."

Court Rules Against Safeco InsuranceFor a policyholder, it may not be immediately obvious that he is being overcharged by the insurer. When an insurer's desire for profit at any cost causes a situation where a customer is charged and ends up paying more than is lawful, it is necessary he consult with an insurance attorney to protect his rights.

Insurance disputes are not only related to policy denials or delays. They can also occur when a policy holder is charged a higher premium than he was promised. Disputes can also arise due to missed or late payments by the policy holder or the amount of coverage provided after a claim has been made, compared to the coverage promised by the insurer. For a policyholder, it may seem like he has no chance of justice against a major insurer, but an insurance attorney can help explain and enforce consumer rights.

 

 

 

Deadline Set for Filing Hurricane Ike Insurance Lawsuits

The amount of Hurricane Ike insurance lawsuits continues to snowball as insurance companies deny and delay claims to storm victims. The deadline for filing has been set for June 8th.

Last week alone, 14 insurance lawsuits were filed in Jefferson County against insurance companies who, victims say, are forcing people to struggle for relief. The week before that, six lawsuits were filed. According to one report, an Orange County couple was shocked when their insurance company denied their Ike claims. Their home was severely damaged, including a cracked foundation and holes in the roof, making it unsafe to live in. Hurricane Insurance DisputesThat is only one of the many cases. Across southeast Texas, victims whose homes were damaged when Ike hit were forced to hire insurance attorneys to recover the claims they are rightfully entitled to. The Federal Emergency Management Agency set the deadline for insurance lawsuits to be filed for June 8th.

Meanwhile, it appears houses of God have not been spared claims denials either. Seven churches filed insurance lawsuits in Galveston accusing Texas Windstorm Insurance Association of not paying the full amount of their individual claims. The churches include Jerusalem Baptist Church, Live Oak Missionary, Macedonia Missionary, Mt. Calvary, Progressive Missionary, St. John Missionary, and St. Luke Missionary. The churches, who all filed separate lawsuits, are included in more than 50 such lawsuits that were filed in State District Court in Galveston. Since Ike struck in September, there have been 160 hurricane lawsuits filed in Texas.

Insurance attorneys often see the numbers of frustrated policyholders rise a few months after a hurricane hits, and people begin to get anxious about their payouts. Unfortunately, for many insurers, delaying or denying claims is business as usual, and concerned policyholders pay the price in physical discomfort, mental anguish, and financial burden.

 

 

 

 

AIG Delays Insurance Claims by Injured War Contractors

An investigation by the Los Angeles Times and Pro Publica reveals what insurance attorneys see all too often - big name insurers doing their best to delay or deny claims. The report, however, focuses on insurance disputes that strike a special chord – they involve denials and delays of insurance claims filed by civilian war contractors returning home after suffering injures in Iraq and Afghanistan.

While AIG was using its government-funded bailout money to treat employees to spa trips and pay itself bonuses, the company was also working hard to delay injury claims from policyholders who were injured in war zones.

AIG Insurance DisputesCompanies and contractors in Iraq and Afghanistan war zones must provide employers medical disability insurance to workers, including death benefit policies in case of fatalities. Back when the Defense Base Act was passed in 1941 to provide compensation to civilians working at military, air, and naval bases, there were very few civilian contractors and, therefore, fewer claims. All that changed after the Afghanistan and Iraq invasions. In 2008, more than 200,000 civilian contractors worked in the war zones, guarding bases doing translation work for soldiers, driving trucks, cooking, delivering fuel to troops, and performing dozens of indispensable tasks.

Between 2003 and 2007, the number of civilian contractors filing injury claims reached 11,000 each year, with 2008 seeing a drop to about 6,000 claims. Since 2002, insurance companies have drastically increased the premiums for these insurance policies. Who pays for them you ask? Tax payers. It has been a lucrative field for insurers and AIG was early in grabbing a large portion of the market share. The company dominated the insurance market and charged high premiums. There were no other reputed companies around, and so, defense contractors were unable to find policies with low premiums.

Even with these types of premiums, civil contractors returning home battered and injured from war zones found, to their dismay, that these companies are slow to pay out claims. Whether the necessary care requires a prosthetic leg for a civilian who had his leg blown out by a roadside bomb, a wheelchair, or simple basic psychological counseling, getting their insurer to pay their claims has been a long struggle.

American Flag-Military ContractorsOne civilian who lost his leg when a roadside bomb exploded, returned home expecting to find easy and quick medical help. Instead, he found the process of gaining compensation would be much harder then he thought. According to truck driver John Woodson, AIG began to challenge the expense of almost every single medical requirement he needed. While military amputees are typically provided three prosthetic legs to enable walking, showering, and exercising, Woodson had to fight to get a single prosthetic - the prosthetic is not brand new as his doctor recommended and many of the original parts have been replaced.

This kind of behavior toward the men and woman who work in strange, foreign lands to keep the wheels of our military running smoothly, is appalling. They are locked in disputes and struggle to get the insurer to pay for their most basic medical needs. As insurance attorneys, we find such behavior saddening, but not very surprising. 

 

 

 

 

Nationwide Mutual Settles Insurance Lawsuit Regarding Overcharging

Nationwide Mutual Insurance Company settled for $6 million in a class action lawsuit over an accusation that, in some cases, the company charged its customers more than the maximum policy premiums.

The insurance lawsuit accused the Columbus-based insurer of charging some people excessively for certain term life insurance policies. As many as 200,000 people are believed to have been over charged for the policies they bought between 1990 and 2006. Details of the settlement are being kept confidential, although, the lawsuit itself claimed damages of $9.3 Million.

Nationwide Insurance LawsuitMeanwhile, Nationwide is also being sued by a Washington woman who signed up for group insurance with the company and was denied a pay out on her $135,000 medical bill.

It is very important to read the fine print when signing up for a policy with an insurer. Companies can cloak loopholes in the fine print of the policy, allowing them to get away with paying you less than you deserve, denying claims altogether, and giving them a way out when they are locked in an insurance dispute.

Methods used by insurers to rack up profits and deny or delay claims, include:

  • Overcharging premiums
  • Breach of contract
  • Misrepresentation
  • Failure to disclose

For a person facing a devastating life situation, the knowledge that his insurance company will not pay out the claim owed to him can be distressing. Reviewing your policies to look for loopholes you could have misunderstood, can be a daunting task. The contractual details are covered in legalese that can be difficult to decode. An experienced insurance attorney can help you decode the fine print and understand your rights.

Insurance Attorneys

If you've been mislead by an insurance company, an insurance attorney can help you get the compensation you deserve, in addition to helping you understand your rights and what exactly your policy covers.

Contact an insurance attorney, at Arnold & Itkin LLP for a free evaluation of your case.

 

 

 

Texas Supreme Court Says Insurer must Pay Family's Truck Accident Injury Claim

The family of a little boy, who was seriously injured in a truck accident involving a driver fleeing from the police, won their fight with Nationwide Mutual Fire Insurance Company.

Last week, the Texas Supreme Court ruled that the insurer must pay the family's claim. Greg and Mirabel Tanner filed a lawsuit against Nationwide after their child was seriously injured in a truck accident as the driver fled from police. The truck accident left all 4 members of the Tanner family with injuries, but 7-year-old Roney sustained severe head, shoulder, and arm injuries. He remained in a coma-like state for many days.

His parents sued the truck driver, Richard Gibbons, and hoped his policy would cover the cost of Roney’s medical expenses. Nationwide, however, refused to pay out, claiming Gibbons violated the terms of his insurance policy when he led police on a high speed chase. Insurance DisputeAt the time of the accident, he was traveling at 100 mph. An earlier jury ruled in the favor of the family, but the verdict was overturned by a judge and an appeals court.

At the core of the insurance dispute, was whether Gibbons' actions in fleeing from the police constituted an “intentional act”. An "intentional act" clause voids the policy, if the policy holder is found to have intentionally indulged in reckless behavior, causing an accident. Fortunately for the Tanners, Gibbons purchased his policy in Ohio, which has a much broader definition of "intentional act" than Texas, where the accident occurred.

In another fortunately turn of events for the Tanners, the Supreme Court sided with them. According to the ruling, Nationwide was unable to prove that Gibbons believed his reckless behavior was “substantially certain to cause Injury.”

Insurance Disputes

An insurance company can often make use of technicalities to avoid paying out policies. For many of these companies, the priority is to pay out as little as possible or delay a claim for as long as possible. That is why having an experienced insurance attorney on your side can mean the difference between losing out on what is rightfully yours and receiving the payout you deserve.

If an insurance company is holding out on payments that are rightfully yours, an insurance attorney can help you collect the money you deserve.

Contact an insurance attorney, at Arnold & Itkin LLP for a free evaluation of your case.

 

 

 

State Farm Petitions Florida Insurance Commission About Conditions for Leaving State

State Farm Florida, which announced in January that it was dropping 1.2 million property insurance policy holders in the state, has asked the Florida Insurance Commission for a hearing to counter the commission’s conditions for allowing it to leave Florida.

In January, the insurer claimed it would no longer cover properties including renters, home owners, and contractors in the Sunshine State. In its petition to the Office of Insurance Regulation this week, the company included the main points of dispute between it and the state, including its certificate of authority, as well as its intention of dropping property policies that have the highest exposure to “potentially devastating hurricanes.” The Florida Insurance Commissioner's office, which last month rejected State Farm's request for a hearing, announced that it will make a decision about State Farm agents selling policies for other insurers and other points in the petition, within 15 days.

Insurance ClaimsSome of State Farm's arguments against the state’s conditions are almost laughable. For instance, the company does not want its agents to directly sell policies for other insurers because that would dilute its reputation as a “reliable company”. With 1.2 million policy holders in Florida who now have to look for other insurers, State Farms "reliable" reputation is in tatters regardless.

State Farm's decision to leave the property insurance market in Florida has raised concerns among policy holders as the hurricane season draws near. The Florida legislature is now trying to lure back the company by introducing a bill that will allow large private insurers to sell residential property insurance with minimal state regulation. In doing so, law makers could actually be placing Florida policyholders at risk because deregulation of rates tends to lead to rate increases by companies.

By announcing that it is closing shop in Florida, State Farm has put policy holders in a bad situation. With hurricane season drawing closer, these policy holders have a choice between only the state-backed insurer, Citizens, or smaller private insurers who may not be able to pay out quickly in the event a hurricane. It is just another example of the kind of irresponsibility that many insurers display.

Insurance Lawsuits

Pursuing an insurance lawsuit against a big insurer can be a long and complex process. The insurance attorneys at Arnold & Itkin LLP have successfully represented clients in disputes against major insurers and helped them recover their claims.

If you are involved in an insurance dispute with an insurance company, contact an insurance attorney at Arnold & Itkin LLP for a free consultation.

 

 

 

Hurricane Ike Statistics

One month after Hurricane Ike cut a destructive swath through southeast Texas leaving more than an estimated $11 billion in insured damages, the impact of the storm is still apparent.  Here are some statistics as reported by the Houston Chronicle, from sources including FEMA, US Army Corps of Engineers, American Red Cross, and local government officials:

  • Almost 688,000 households in 29 Hurricane Ike-stricken counties who have applied for state or federal assistance
  • $186 million-plus Federal Emergency Management Agency funds approved for housing and other emergency needs
  • $45 million is the sum expended by Houston chapter of the American Red Cross in Ike-related relief
  • 36 deaths of Houston-Galveston area residents because of Hurricane Ike
  • 134 names remaining on list of missing persons
  • 14,650 CenterPoint Energy customers still without power, mostly in Galveston
  • $30 million in Small Business Administration disaster loans
  • 308 homes and buildings destroyed in Galveston

If you have been impacted by Hurricane Ike and you are experiencing difficulties getting a hurricane damage insurance claim settled fairly by your insurance company, you may be entitled to compensation. Don't be bullied by unfair insurance settlement practices. Get help from a qualified hurricane insurance claims lawyer today.