Florida Consumer Advocate Dartland to Crist: Sign Property Insurance Bill

May 14, 2010

  • May 14, 2010 at 12:50 pm
    Sarah says:
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    Do whats right for the marketplace and protect consumers from carriers who have no business being in business in Florida.

    Let carriers charge what they want and let customers sue carriers for bad faith when they do not do what they should.

    Its call free market capitalism! When did our Country become so Socialist!

  • May 14, 2010 at 1:02 am
    max says:
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    I find it hilarious that anyone who supports this bill is a consumer advocate. Wrong, they are insurance company advocates. In one breath he states it will curb fraud which will lower premiums, so if premiums are being lowered as a result of this “miracle” bill, why does it allow insurance company’s to raise premiums. This bill is a consumer killer. This bill will allow insurance companies to withhold up to half of a claim payment until the repairs are made. Which is fine if you have money to finance your own repairs when you already pay insurance to cover such losses. This bill will impact all homeowners but none more then the middle class.This bill will also give the insurance company the right to keep the other half of the claim payment if the homeowners don’t complete the repairs within 1 year from the date of loss. Now we all know how expedient insurance companies can be when they honor claims. Floridians wake up! They champagne ready and you are paying for the tab. Everyone should know better when you have a politican that knows what’s best for you, this is what’s best for their campaign donors…the insurance companies. Consumer advocate yeah right and Michael Vick is an animal lover.

  • May 14, 2010 at 2:08 am
    caffiend says:
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    Max, somehow I suspect you’ve not even read the bill in question, nor given much thought about how the provisions work.

    Quoting from a previous article posted by IJ

    Gives insurers some leeway in payment of replacement costs claims to make sure repairs are actually being made. The insurer must pay the actual cash value of the insured loss less any deductible. It can pay the remaining amounts as repair work is performed. In cases of total loses, the insurer must still pay the replacement cost coverage without reservation or holdback.”

    So instead of only paying half like you claim, the company can pay the ACV upfront, and the rest of the replacement cost as the repairs are complete. So all an insured has to do is provide a copy of the work contract and invoice. That’s in the case of a less the total loss too.

    Stop shouting for awhile and listen. You tend to learn more and get better information.

  • May 14, 2010 at 2:12 am
    caffiend says:
  • May 14, 2010 at 2:34 am
    max says:
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    Caffiend.why should a homeowner pay for a RCV policy and receive ACV.You make the hoops that the homeowner will have to jump through sound so easy.Did you ever take into consideration the MTG Co who will also hold on to proceeds until the repairs are done. Are the insurance companies now to do the jobs of MTG companies and ensure that the properties are repaired, when they already have trouble processing claims in the first place. I did read the article which did not fully report what SB 2044 has inside. They only reported or distortrd the bill. Wake up don’t be so naive

  • May 14, 2010 at 2:34 am
    max says:
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    Caffiend.why should a homeowner pay for a RCV policy and receive ACV.You make the hoops that the homeowner will have to jump through sound so easy.Did you ever take into consideration the MTG Co who will also hold on to proceeds until the repairs are done. Are the insurance companies now to do the jobs of MTG companies and ensure that the properties are repaired, when they already have trouble processing claims in the first place. I did read the article which did not fully report what SB 2044 has inside. They only reported or distortrd the bill. Wake up don’t be so naive

  • May 14, 2010 at 3:55 am
    cotyre says:
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    the only way the mortgage company would be involved is if it were a total loss. If your roof blows off- why do you need to involve the mortgage company. Yep, insurers make out like bandits, even if someone intentionally burns their house down- they have to pay the mortgage off. What is wrong with making sure the consumer is having the property repaired. Most contractors like knowing insurance is involved and that they will get paid once the work is complete and will wait to receive payment from the insurance. Instead of accepting bad checks from a consumer 3 times and having to put a lien on the property.

  • May 14, 2010 at 4:22 am
    max says:
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    MTG Co is involved everytime a loss exceeds $2500. Insurance company is mandated under law to put MTG Co name on check. Then homeowner has to send check to MTG Co who then proceeds to disburse money in thirds, now remember if this law passes the insurance company is hold on to 50% and the rest is being disbursed by MTG Co a third at a time. So on a $100000.00 claim you are going to start repairs with approx.$17k. Second contractors want to be paid when there done not when the insurance company processes the paperwork or the MTG Co releases the money. This aspect of the bill will seriously delay and impact the repair process

  • May 14, 2010 at 4:32 am
    Inspector says:
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    As someone that is an Inspector and a had a loss due to Wilma, I see both aspects of holding funds and the validity of work in progress inspections.

    There needs to be a fair balance in this topic. My lien holder (Countrywide) held funds. It was a problem at first because they were only willing to release $5,000 until I had my attorney give them a call. Considering that my roofer wanted 50% down (21,000) not to mention my window contractor (12,0000) and water pouring in via roof and window leaks. This back and forth (3 months) caused and additional $15,000 in moisture/mold damage and by the time the funds were released, my roof bid shot up another $7,000 because of inflated pricing due to supply and demand. Once everything was finished, it had taken over 2 years to complete.

    On the other hand, I see everyday where homeowners took the $25-30k for a screen enclosure and bought flat screens and new kitchen cabinets instead. Made minimal repairs on a roof in which they were paid in full for.

    There has to be some way to make sure that either side isn’t screwing each other.

  • May 14, 2010 at 5:34 am
    cotyre says:
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    the only time I have seen the mortgage company disburse money in thirds is in the event of a total loss. Regardless- Crist either signs the bill or we are headed for economic disaster in the future. Big Hurricane hits, little domestics and Citizens can’t pay claims and people start abandoning property.

  • May 15, 2010 at 10:51 am
    inspector says:
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    I wish more would get a grip. If the same storm, Wilma, were to hit Broward tomorrow the extent of damage would be a fraction of what is was in 2005.

    Has anyone not realized that all the construction and repairs from 2004-2005 were done with high wind speed code in place and roof code changed again since.

    But we need to be realistic about things as well. I don’t think a carrier should not have to pay full value for a 40 year old roof either. The consumer base can’t have it both ways…neglect your property, hope for a storm and let the carrier pay for your roof, screen enclosure and fence. That’s just crap. And a $10k cap on mold damage is crap too!

    The majority of damage from both of those storm seasons where on properties in which were built prior to 1994.

    Granted, if a Cat 4 or better comes thru… we can bend over and kiss everything good-bye.

  • May 15, 2010 at 11:06 am
    max says:
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    A roof that’s 40 years old is obviouly old but a good roof if it lasted 40 years. Did those homeowners not pay insurance during those 40 years? So why are they not entitled to collect. You are correct in regards to a storm hitting Broward because of the new codes in place. Insurance companies analyze where there money is going and that’s when they limit those items, such as mold. There obviously not handling claims and paying out claims quicker to mitigate mold spreading, so they keep handling claims as slow as usual and limit the exposure to mold. Just so you know MTG Co are involved in ALL claims over $2500 and that is a FACT unless the home is paid off. There not only involved in large losses as you stated yesterday

  • May 15, 2010 at 12:28 pm
    tim says:
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    So, Max…let me guess. You’re a public adjuster, right? Looking for a way to convince everyone what you do serves a purpose other than to pad your own pocket.

    So many people see a company monster behind every door. All we’re gonna be left with is citizens and the highest rates in the country anyway. we deserve it.

    by the way, did you know our state is the auto fraud capital of the world?

  • May 15, 2010 at 1:21 am
    max says:
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    Yes thats right Tim after years of working for insurance companies and having little to no input in the amount paid or if the claim should be paid. I have gone to the otherside to help keep insurance adjusters as yourself honest. After all these days all adjusters do is measure and diagram because your ok with that as long as they keep paying your fee schedule. You are basically a photographer with an adjuster license and yes I make a good living representing people who beleived their insurance company has their best interest at heart.

  • May 16, 2010 at 5:24 am
    max says:
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    Yes Tim I did know about the auto fraud. Tampa and Orlando are the top 2 cities. I obviously took offense about your comment in regards to “padding my pockets”. Am I not suppose to make money for the service I provide? Its like crticizing Dr’s for taking care of sick people.Is our insurance system broken? No, but it can be improved. You have insurance companies playing shell games in order to hide profits and not have to invest monies for future losses. You have national companies like State Farm, Allstate and Travelers that are allowed to open Florida companies so that if a major storm hits they can become insolvent and leave the FL taxpayers holding the bag and not affect theses companies at a national level. That’s what State Farm tried to do after Andrew. I am not against premiums being raised, but don’t hide the money earned by overpaying services to sister companies and then cry poverty, which is what many Florida companies are doing. Our problems with property coverage can be fixed but I don’t think our politicians know how. They only know not to bite the hand that feeds them, and care very little about the hand that votes for them.

  • May 15, 2010 at 5:53 am
    nancy says:
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    INSPECTOR – agreed with your thoughts.. unfortunately.. this particular bill – 2044 makes no headway in that department. All it does is shore up the market with more money.. and make it harder for consumers to access the benefits they’ve paid for. bottom line? insurance consumers are screwed once again – God forbid we should have another hurricane this year.

    “There has to be some way to make sure that either side isn’t screwing each other.”

  • May 15, 2010 at 6:16 am
    nancy says:
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    then you haven’t been involved in alot of insurance claims, have you. if there is a lien holder on the property, their name must appear on the check – see the provision in your homeonwner policy entitled “mortgage clause”. the policy of releasing the checks in parts doesn’t have anything to do with the policy of insurance. That’s a mortgage company policy. They want to make sure their collateral is repaired so they release one third so you can start the work – the next third is only released once you can prove that 50% of the work is completed.. and the final third is released to the homeowner once 90% of the job is completed.

    that’s the cold hard truth. So this new “holdback” language will, indeed, make it more difficult for people in Florida to make repairs.

  • May 15, 2010 at 6:22 am
    nancy says:
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    so if your 40 year old roof which was holding back moisture perfectly before the storm is damaged severely during the storm – if the company doesn’t have to pay for a new roof, you’ll have to come out of pocket??? how is that right?

    it’s not like you can go out and buy 40 year old materials to repair your 40 year old roof.

    listen.. insurance is there to help you when you have damage to your home. when legislators really want to sit down and talk about how to fight fraud – they should do it away from lobbyist intervention.. maybe we could actually get something serious done that would help both sides.

  • May 15, 2010 at 6:22 am
    max says:
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    That’s what I said

  • May 15, 2010 at 6:25 am
    max says:
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    i actually wasn’t responding to you Max.. i was responding to another poster.. but your posts are correct.

  • May 16, 2010 at 1:58 am
    tim says:
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    Max,
    The, “service you provide”? what would that be? when a person has a claim worth 10,000 and their company offers them 10,000 but instead they call you and you create enough false activity the company offers 12,000 you take 20 to 30% so they end up with less than they started with (you get paid a portion of what they were already offered, right Max?). So you take 3000 of their first 10000 and then a % of the added “value”.
    If you’re services are so valuable why not just get paid on the amount OVER what their company already offered?
    By the way, im not or never have been an adjuster as you accuse, just a victim of guys like you.
    And dont be so arrogant as to compare yourself to a doctor for his/her services.

  • May 16, 2010 at 2:20 am
    max says:
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    Tim you poor fellow. So you were taken advanatge of by a public adjuster so we are all the same. First off we are not allow to touch what the insurance company has already agreed to pay you, Þhat would be against the law. Second I would bother reopening a claim for $3k and I am sorry you did. The clients I represent were shorted much more money then $3k. I just closed one where the insured collected $100 and just settled it for $35k.just because your experience was negative does not mean they all are. Sounds like sour grapes to me. The PA you hired was probally not even from this state but of course you won’t mention that. Get off your soap box and the next time you need help give me a call. I will do your claim for free, since all I am interested in is padding my pockets.

  • May 16, 2010 at 2:53 am
    tim says:
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    Max,
    You’re not being honest. No, the law doesnt prevent you from collecting on the amount offered by the insurance co. and we both know that.
    The sad truth is you dont collect on only the value ABOVE what my company offered, you collect on the total. Let’s have Insurance Journal ask the Insurance Dept. so once and for all the public will know what you really do….and how you are paid.
    Also, let’s ask the insurance journal to look into what the added cost to the insurance buying public is as a result of your “services”?
    for the record, yes the public adjuster was from here. He was roaming my neighborhood looking for any missing shingles and telling people, “i can get you a new roof from Wilma even though it was 5 years ago”. Real value added to the community.

    Let’s ask this magazine to look into it with the insurance dept. so im not on my soap box.

  • May 16, 2010 at 3:38 am
    max says:
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    Go ahead and ask the journal. We can only collect on any additoinal money we help secure. Wilma as of today was 4 and a half years ago so please do not lie or over dramatize. Again I feel that because you chose to pick a public adjuster that knocked on your door instead of checking references, you want to throw every PA into the same boat. Since you said it go ask the journal if we can collect on money you all ready collected, I am sorry your experience was negative, but I do not advertise so I make sure and have made sure over the last 15 years that my customers are happy and willing to refer me.

  • May 16, 2010 at 3:51 am
    Fla. Agent says:
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    Google “Global Adjusters Miami Arrests”
    and look for the Miami Herald article from last Friday (5/14).

    Certainly any rational thinking person wouldn’t paint all PAs in the same light, that is until you become involved with the claims.

    As to the ratio of “professional and ethical” (no oxymoron jokes, please) public adjusters to those who are “gaming” the system,taking advantage of the statutes and the current economic conditions, is anyone’s guess. But I’m sure it highly weighted towards the latter

    It’s time for the OIR to start investigating the fraud that is prevalent in South Florida.

  • May 16, 2010 at 4:58 am
    max says:
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    I can assure the their are more agents arrested and or reprimanded by the OIR then PA’s. Most agents only know two things and that it is to sell insurance and to say its covered.if most agents actually helped their clients with their claims a lot of these claims would be closed much after, but most agents only want to collect premium checks and over insure homes to get higher comissions. In this day an age there is really nothing separating one agent from another except customer service. Focus on customer service and not on what you think PA are or aren’t doing. As I stated before there are more agents employing unlicensed employees in their agencies selling policies they know nothin about. The when the “sh-t” hits the fan you blame the client and that it was the clients fault. Go ahead anf google agent and see what comes up first. In the future please don’t speak of what you think you know about PA’s, atleast I use to be an agent and know very well of what I speak of.

  • May 17, 2010 at 7:50 am
    Inspector says:
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    The reality of a 40 year old roof is that it hasn’t performed at it should for 40 years. These roofs have multiple layers of elastomeric coating applied. This is not the equivalent to a re-roof. The method of attachment is inadequate and the weather barrier is cracked out.

    The reason the roof is 40 years old is because the homeowner didn’t want to come out of pocket to replace it.

  • May 17, 2010 at 9:44 am
    nancy says:
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    it’s very unfortunate that some people have been victimized by a few bad apples. The majority of public adjusters are law abiding consumer advocates.

    Tim – as a consumer, you should know that PA’s CANNOT charge you for teh money you already received from the insurance company prior to their involvement. That’s the law.

    Also.. if YOUR pa invented things or created fraud for your claim – you should report them to the Department of Financial Services. That’s the regulatory agency that oversees all adjusters in Florida. Florida commissioned a report on public adjusters that was published in January of this year. It was an objective report from a government analysis of the profession – read it here: http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1006rpt.pdf

    I recommend that in the future, if you need the services of a professional insurance consumer advocate – you choose a FAPIA adjuster. Visit http://WWW.FAPIA.NET for more information. The adjusters with FAPIA subscribe to the highest ethical standards in the industry. They are the best of the best.

    Good luck..

    ps – yes.. i’m a public adjuster and proud FAPIA member. I’m one of the good guys.

  • May 17, 2010 at 10:01 am
    nancy says:
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    cotyre – max did not “create” my persona – i can see why you would think that – but actually that was my mistake when I was entering the name.. since I was responding to one of Max’s posts

    I think anyone can tell that our writing styles are very different. My name is Nancy Dominguez and I’m a public adjuster in Miami – i’m all over the internet, so feel free to look me up.

    Although Max may be coming across as a little abrasive – sorry Max.. his statements have been accurate – here’s the law that states that PA’s cannot charge on monies previously paid by the carriers: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0626/SEC854.HTM&Title=->2009->Ch0626->Section%20854#0626.854
    This is all easily accessible online folks.. no need to wait for the INsurance Journal Gods to explain this to you.

    People need to do due diligence when entering into a contract. DO NOT hire some person who comes knocking on your door. That is a sure sign of desperation.

    If your PA charged you under those terms.. you really need to ask for a refund and if they do not comply – report them to DFS immediately. Lets help get rid of the bad apples so that people can feel confident that when they need help they can trust the people they hire.

    and Max.. just a word of advice.. i don’t like it when people put me in the same category as the losers who have attempted to kidnap the honorable industry I have been a part of for over ten years.. but this person has been victimized.. so show a little compassion, eh?

  • May 17, 2010 at 10:05 am
    nancy says:
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    in case anyone is too lazy to actually read the entire statute.. here is the specific language that has been referred to:
    (11)(a) If a public adjuster enters into a contract with an insured or claimant to reopen a claim or to file a supplemental claim that seeks additional payments for a claim that has been previously paid in part or in full or settled by the insurer, the public adjuster may not charge, agree to, or accept any compensation, payment, commission, fee, or other thing of value based on a previous settlement or previous claim payments by the insurer for the same cause of loss. The charge, compensation, payment, commission, fee, or other thing of value may be based only on the claim payments or settlement obtained through the work of the public adjuster after entering into the contract with the insured or claimant.

  • May 17, 2010 at 10:27 am
    cotyre says:
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    looks like you messed up when you created Nancy to agree with you. Her post shows from Max. BTW, I am glad we do not have the PA problem that South and Central Florida have.

  • May 17, 2010 at 11:15 am
    max says:
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    Yes I have nothing better to but to ceeate Nancy to prove that you don’t know what your talking about, once again you proved me right. As far as the PA problem hopefully we are headed in the right direction and get back to serving our clients.

  • May 18, 2010 at 10:34 am
    nancy says:
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    I’m looking forward to seeing you at the Summer Conference Max. Please make sure to introduce yourself to me so that I can put a face to the name.

    i totally understand the frustration – trust me.. I really do. I get very frustrated about it all too.. particularly when you’re giving someone good advice and they refuse to listen.. I think that Tim should seriously consider taking you up on your offer. What do you say, Tim?

  • May 18, 2010 at 3:46 am
    nancy says:
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    you’re making an awfully large assumption about every 40 year old roof having “multiple layers of elastomeric coating applied”. Most shingle roofs are supposed to last 25-30 years and shangles can last even longer. Tile roofs can have life expectancies of 50 years and more. Every claim is different.. and generalizations such as the ones in your post that get us all in trouble.

    Kinda like the bad generalizations about an industry that was formed for the purpose of advocating for insured Floridians in their time of need – when they’ve lost everything and an insurance company doesn’t extend the coverage they paid for or doesn’t pay them everything they’re legally entitled to.

    it doesn’t happen with every claim – but when you’re in a situation where you’re up against an insurance adjuster who understands the lingo and the policies (or at least appears to) and you don’t understand or have the experience to be able to defend yourself…. while simultaneously dealing with the loss of property and God forbid – lives – that’s when you hire a respected, qualified and knowledgable person to represent you.

  • May 18, 2010 at 4:44 am
    max says:
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    Nancy I am sorry but ignorance is a pet peeve of mine at any level. We have all been victimized at one point in ourlives and that does not give us the right to slander anyone. I am happy to say I have been an adjuster for 15 years and have always been proud of the work I do and the clients I represent. I spend nothing on advertising so it is very importantthati take care of my clients so that they can keep referring me business. Tim’s allegations were uncalled for and he should have filed a complaint with the DOI to make an
    example of him, as far as compassion I did offer to represent him free of charge should he wish to take me up on my offer. Yes you are correct that I was abrasive but that was only after I initially tried to point out their mistatements diplomatically. See you in June.



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