Bills Aimed at Property Claims Litigation Expected in Texas Legislative Session

By | February 11, 2015

  • February 12, 2015 at 5:42 pm
    PHH says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Can’t understand why you need a lawyer to file a property damage claim. The cost of materials and labor are the same either way.

  • February 13, 2015 at 9:51 am
    Rob Kitto says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    PHH- Property owners need help because they were not paid properly in the first place.

    I notice there are a few key facts that the article is missing.

    1. How many total claims were filed in the Hidalgo storms? The number I have seen reported is approximately 200,000. The number of lawsuits that has been reported is 6700. Isn’t that close to 3%? If Mr Hanna could answer that, it would be very helpful. Where does the 40% number come from?

    2. The following article in the Dallas Morning News reports that the Insurance companies profits are very healthy

    http://www.dallasnews.com/news/politics/headlines/20140402-home-insurers-profits-rise-as-do-premiums.ece

    Mr. Hanna, is this true? If it is, we are going to need a better, more honest explanation as to what the problem is.

    Ms. Jones, can you please follow up on these items and let us know what you find out? Thanks

    • March 10, 2015 at 4:59 pm
      Amazed says:
      Like or Dislike:
      Thumb up 0
      Thumb down 0

      Dear Mr. Kitto:

      Are there 200,000 homes in Hidalgo and Webb Counties? Because most of these lawsuits are for properties, not autos. But you know that, don’t you?

      About 25% of all claims from the storms in Hidalgo and Webb Counties went to suit at my company. Now, we are not always perfect at handling claims, but 20%? The norm was about 2% before these storms….and your probable involvement in them.

      What we are seeing in Texas is the exploitation of a loophole in the law, and you know that. Plaintiff attorneys think they have found a way to become ambulance chasers of a different kind, now with property damage claims instead of bodily injury claims. And you are helping them. I see that your public adjusting firm is in just about every major metro area in Texas now. So tell, me, how many attorney referrals have you profited by so far? Why don’t you tell us what law firms you refer claims to most often?

      as you wrote, “we all need a better, more honest explanation as to what the problem is.” You can start by being honest yourself.

  • March 11, 2015 at 8:51 am
    Rob Kitto says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Amazed- Let me know what company you work for and I will pull all of my files and we can do an open file review with any TDI or state legislator that you want to. I think when that process is done there will be some amazement.

    Why don’t we jointly propose a bill that would suspend the license of any adjuster or public adjuster that is found guilty of wrongdoing?

  • March 11, 2015 at 9:24 am
    Amazed says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    That law already exists, look it up: Sec. 4102.201

    TDI may have already begun an investigation. I know it is on their radar. It will be interesting to see whether your firm becomes a subject of it. Instead of worrying about my company you may consider doing your own file review.

    With PA’s it’s really not about the insured anymore. It’s about how much money can be made in Texas in this current environment. It is exactly why some of my colleagues have told me they are becoming PAs…not because they want to help out the little guy. But I’m sure, Mr. Kitto, that your motives are entirely pure.

  • March 11, 2015 at 12:21 pm
    Rob Kitto says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Amazed- I want to make sure that I answer all of your questions

    1. There are approximately 256,000 housing units (2010 census) in Hidalgo county alone. Most of those are in McAllen or Mission, which were heavily damaged in the March and April storms of 2012. This figure does not include the thousand of commercial properties.

    2. The figures I have seen was that there were 200,000 residential and commercial claims filed. That does not include auto. The accurate figure would be very easy to obtain from Mr. Hanna, I don’t understand why that is never disclosed. If you have 20% of your claims going to lawsuits, your company is doing something very wrong or you have a very small number of policies in force in that area.

    3. After I have come to a dead end on a file, I do advise my clients of their options. One of those options is to consult with an attorney. I recommend the attorneys that are the very best in this specialized field. It is up to them on how to proceed and who to use. I have never received a referral fee, that is illegal.
    If you don’t want to go down that road, give me your phone number and I will deal with you directly to resolve your companies claims.

    I have worked in property claims since 1990, and never been sued. The reason being is that I actually cared about homeowners, respected the premiums that they paid and believed that I was there to deliver the promise that is made by an agent or insurance company.

  • March 11, 2015 at 2:01 pm
    Amazed says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    No thanks on your offer. We’ll take our chances.

    “Dead end” on a file means that you have exhausted all contractual means of theft and now want an attorney to attempt extra-contractual extortion by mailing out vague demand letters carrying the threat of suit, and containing no basis for complaint. Quite often the insured doesn’t even know that an attorney is representing them because the PA or contractor made the referral behind their back.

    You can stop playing the ‘altruistic hero’ for the people now.

    You only recently got your PA license. Before that, you were either an independent or staff adjuster. You did what a lot of adjusters I know did in 2012 and 2013: Jumped on the ‘bad-faith’ bandwagon in Texas thinking you were going to make a big pile of money.

    It is a 3rd degree felony in Texas for an attorney to pay a referral fee. And for a PA or contractor to accept a referral fee creates a conflict of interest, doesn’t it, Mr. Kitto?

    So what is a PA or contractor to do? Why, create an ‘alternate’ business entity through which he/she can offer ‘estimating services’ or ‘consulting services’ to an attorney, and get paid that way! Sometimes up front. Sometimes, after the settlement. But it is still unlawful.

    Tell us, Mr. Kitto, do you provide estimating, consulting or other claim-related activity under other business entity names other than K2 Consulting or your own name?

    You don’t have to tell us. I hope you never get sued. Or arrested. I have known and worked with honest PAs and contractors. Nobody begrudges any PA trying to make a living, only that many do not come by it ethically, honestly or legally.

    But I suppose I have divulged enough information to inform the public about what is going on in Texas and hope enough read it. I wish you well.



Add a Comment

Your email address will not be published. Required fields are marked *

*