Structural Engineer Puts Forth ‘New Orleans Property Owner’s Bill Of Rights’

December 5, 2005

  • December 5, 2005 at 8:12 am
    Claim Professional says:
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    Under what theory does Mr. Durand opine it is the responsibility for the insurance carrier to pay for a 2nd opinion? That is not a contractual obligation of the insurance contract. His Consumer Bill of Rights seems to be aimed at plaintiff counsel\’s who might find need of his services. The only value this piece has for insurance personnel is to recognize Mr. Durand for exactly what he appears to be…an opportunist. He opines that the insurance adjuster is only there to save money for his company. I am a 25 year claim adjuster and I have never approached a claim resolution with the intent to be anything other than fair. I could always explain the basis upon which I presented my offer of settlement. If someone was in need of a supplement and it could be validated, then it was paid. Does Mr. Durand believe insurance adjusters get paid a \”bonus\” predicated upon how much money they save the company? As a seasoned professional I have never received that bonus nor had an employer present me with that offer. How could an insurance carrier ever quantify a \”savings\”? The public might be naive and wishing to believe the worst but they need to understand we are people simply doing our jobs. We make no more money whether they are paid $5,000 or $50,000.

  • December 5, 2005 at 1:58 am
    fm keller says:
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    sounds like he\’s trying to drum up business for himself. the state approves adjustors with great and little experience. they also approve or license engineers?

  • December 5, 2005 at 2:01 am
    Carole says:
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    I would be more interested in reading an opinion from an engineer if it related to improved building codes for New Orleans as a result of Katrina.

  • December 5, 2005 at 2:34 am
    Chris says:
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    This should have been put under the heading \”Sponsored News\”, as it is clearly an opinion expressed to generate business and throw stones at the insurance industry, and not an unbiased reporting of facts. That is, unless the print edition carries this \”article\” as an op-ed piece on the editorial page.

  • December 5, 2005 at 5:06 am
    LL says:
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    To advise people to automatically reject their insurance company\’s offer is just irresponsible.

  • December 6, 2005 at 9:04 am
    Bystander says:
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    Improve the builing codes.. sure force homeowners and business people all over of the U.S. to build concerete bunkers or people live on barges they can fire up and sail off before the storm hits. Seriously the adjusters and carriers should make the insureds REAL settlement offers for repairs & this is a huge problem we have witnessed with family and friends. Not a good time to tell anyone you\’re adjuster. Many of the folks are baffled by insurance lingo, home repairs & have to hire someone to help them sort the mess.

  • December 6, 2005 at 9:30 am
    Hal says:
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    Looks like the difference between Durand and the usual weasel who thinks he has the right to spend other people\’s money is that he got press coverage to promote his business.

  • December 6, 2005 at 10:07 am
    Claim Professional says:
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    Dear Still a By-Stander:
    All industries have a weak link and sometimes it can be an adjuster who has been thrown into catastrophe duty. He may be unfamiliar with the locale but they are usually well trained in evaluating damages. Also, catastrophe adjusters work at a pace which is mind-boggling. I\’ve worked catastrophe duty over holidays, worked six days per week and took the seventh day to do my own laundry. Many times they may believe they have communicated with an insured when in fact the communication they recall may have been with another customer. Catastrophe duty is usually a 12 – 16 hour work day. We don\’t get overtime. I\’ve worked catastrophe and received $35 per day plus expenses and a farewell dinner where I was presented a T-shirt. My satisfaction was in responding to the claims of our customers. I listened to them, I was empathetic to their trauma. Sometimes my reward from them was to be cursed and many a time they wanted to talk ugly about my Mama. Now, I\’m not saying that what they had to say about my Mama wasn\’t true but they should have shared their opinions with my Daddy…not me.(*S*) Claim adjusters in a catastrophe NEVER offer enough money. People want to be compensated not only for their loss but for their emotional distress. Once they adopt the \”victim mentality\” there is no reasoning with them. As a professional and a representative of the carrier I am unable to respond as I would like to them…I must hold my tongue. No matter what a claim adjuster does he will never be commended for his or her dedication or effort. Sometimes I want to just go sell shoes at Nordstrom\’s…(*S*)

  • December 6, 2005 at 10:07 am
    Carol G says:
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    Insurance People have for years tried to build a reputation for professionalism. This article literally throws this out the window indicating insurance companies try to \”low ball\” settlements cheating the public intentionaly. While over the years I have heard and seen claims handle in a manner I did not agree with, I want to believe that most of us are trying to be of service to our clients and help them in such a disaster in every way we can. Come on and give us some credit and are not a bunch of criminals trying to do everyone under.

  • December 6, 2005 at 10:13 am
    Chris says:
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    By law in every state, personal lines homeowners policies written by admitted carriers are in the \”easy read\” format. As I understand it, that means about the sixth grade level. Terms with special meanings are defined in the policy. Most insureds just don\’t ever take the time to actually read their policy.

    As far as the \”lingo\”; if it is terminology that refers to how the repairs are to be made, the \”lingo\” belongs to the building trade, not the insurance industry. Its quite reasonable to hire an outside contractor to explain the repair process (one needs to be hired anyway to actually do the reapirs) if the homeowner doesn\’t undesrtand how the repairs will be completed, but its not the fault, nor the responsibility, of the insurer.

    And, unlike liability settlements, an initial appraisal amount offered by the adjuster can be increased once repairs are begun, assuming that the increases are reasonable and necessary, and covered. That is commonplace.

    What an adjuster cannot do is \”add an extra 20% for contingencies\”. Everything has to be documented. I\’m not sure why that is such a strange concept. If you were paying it all out of your pocket, would you let the contractor add an extra 20% for contingencies without proving that figure up? Of course not.

  • December 6, 2005 at 10:21 am
    Hal says:
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    In the early 1970s an insurance agent association in Texas offered to provide an insurance course (similar to the junior achievement concept) to the public schools. No charge to the schools, volunteer instructors, no company promotions. The \”educators\” had absolutely no interest in learning about insurance or making time for it to be taught.
    When people need to know about insurance they are just little lost puppies.

  • December 6, 2005 at 6:21 am
    still a bystander says:
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    Yea right the carrier does not have to hold your hand and walk you thru the process and everyone is supposed to understand the policy before the storm. Reality is trying to understand insurance in the middle of crisis when you\’ve never made a claim , when the carrier and adjuster are giving conflicting info, or no just no info, is why the public tends to hate insurance companies and their lawyers. Ins industry sends these inept adjusters with no knowledge of constrctuion or the region or good manners, with a lap top to allegedly help people that are traumatized and end up giving people HBP.

  • December 7, 2005 at 9:03 am
    Chris says:
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    Bystander, you\’ve just admitted your own culpability in this multi-faceted issue; you never bothered to find out what you bought before you needed it. You just stuck your policy in the drawer when it came in the mail. Reminds me of when ABS first came out. No one botheerd to read the owners manual that explained how it worked and what to do in a panic stop. The result: lots of accidents being blamed on \”malfunctioning\” ABS instead of \”the nut that holds on the steering wheel\”.

    And speaking of CAT adjusters; I don\’t know what you do in the insurance industry, or even if you are even in the insurance industry. But, until you\’ve worked CAT duty in a catastrophy with the size and impact of Katrina (especially as an independent, where you have to not only negotiate the various policy forms but also the various company procedures) working 16 hour days, six to seven days a week for months on end, mostly out of your car, dealing with people who already resent you before they\’ve met you because of idiots like the guy that wrote this article, I suggest you take a step back.

  • December 7, 2005 at 9:27 am
    Hal says:
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    Some times as an agent I feel like I\’ve seen everything – but only for a minute. One time when I told a new policy holder to read the policy when she gets it and let me know what questions she might have. She responded with her first question: \”Read?\”



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