Its hard to say “let the buyer beware” to somebody too stupid to buy the proper insurance.Obviously this grandstanding snake oil salesman wants to pass his clients stupidity on to the rest of his fellow USAA members in the form of higher premiums.As long as he gets his 50% he could care less.Time for tort reform.
I am non-lawyer, law school graduate who is completely disenchanted with the legal system at the moment. This particular suit may be completely absurd. I agree that it is basically common knowledge that there is a difference between homeowner’s and flood insurance. What’s more, the insured really should at least read the coverage section of his insurance policy. However, it is important to note that the insurance industry, who happens to be the defendant in this case, is very dependent on law suits. If there weren’t any law suits, no one would have any need to purchase liability insurance. Besides, sometimes lawyers sue bad people too.
Everyone knows that you need to get flood insurance separate from homeowners. If I were the judge/jury I’d just laugh at the homeowner for being so ignorant. It’s not the insurance companies fault that the homeowner did not get flood insurance. You can’t even purchase flood insurance through the homeowners anyways, you have to get it from the government.
This is a pure jerk, why should the insurance company tell the home owner about the flood insurance, must we forget who sold the policy, the dumb agent. Its his duty to make sure his clients are covered foe all risks
Sure…Blame the agent. Oh wait…This suit is againt USAA. Last time I checked USAA didn’t have agents, just helpful customer service reps located in another state somewhere. Maybe if he had an agent…and a company that values agents…there wouldn’t have been an uncovered exposure.
Not to mention, how many homeowners cry and moan about having to purchase flood insurance as a condition of their mortgage. It happens daily. Thanks to the legal profession, consumers no longer have any responsibility. BTW, agents are a valuable resource for consumers, but getting some of them to listen to your advice can be very frustrating. They act as though all agents are just trying to sell invaluable coverage to make more money.
Got to love them for looking out for themselves and the MONEY. If Florida gets one of those Clinton/Kerry Judges then you can bet the homeowners policy will cover it. The claimant is always right!
USAA is a direct writer, 800 number company! They did not have “agent”, just order takers over the phone. Perhaps this is a good advertisement for the public to think about using a REAL agent!
While this lawsuit may or may not have credence, USAA sells insurance to military affiliated persons without actual direct representation by a local agent.
Most of these sales are by phone and are serviced by unlicensed personel from another state.
If the state of Florida required the use of a local agent then the consumer would be advised in a proper fashion and that agent would be directly responsible to advise the consumer on what the proper coverage is for the risk. Without a qualified person to advise the consumer, the consumer is always at risk.
One other thing. The consumer in this case was probably furnished a final survey when he purchased the property which indicates the flood zone and requirements of the Mortgagee. The closing attorney has more responsibility to advise the consumer he is representing at the closing than the insurance company or an agent.
Danny’s right about the closing attorney or title company providing disclosure about flood insurance.
I am refinancing my home and just received my package. There was a $18.00 charge for flood zone determination. It stated that I “did not need flood insurance”.
Bet the folks in this case received the same at their closing.
THAT’S WHY I ALWAYS OFFER EVERY HO QUOTE A FLOOD QUOTE. WHEN I SELL AN HO POLICY, I ALWAYS WRITE “DECLINED FLOOD POLICY” ON THE INVOICE. THIS SAGE ADVICE WAS GIVEN TO ME BY AN OLD TIMER MANY YEARS AGO. YOU KNOW THE OLD SAYING: “C.Y.A.” IT APPLIES NOW, MORE THAN EVER……
You can pretty much bet that if the property has a mortgage, and its in a flood zone, the mortgage company required proof of flood insurance at closing. And, if the coverage lapsed, would have “forced placed” flood insurance a long time ago.
USAA usually scores at the top of customer satisfaction surveys, at least here in Texas, so in some ways I am surprised that they are the first casualty. On the other hand, having had to deal with the many a USAA insured from a liability standpoint, current or retired military officers mostly, I won’t be surprised if this turns out to be an ego excercise for the policyholder.
Having been a former USAA Policy Services Rep. and Property Claims Representative I can tell you that USAA requires the person quoting or writing the insurance policy to have a license. Not only that, but the training that USAA provides is by far, the best in the industry. I’m thinking the fact this lawsuit even got this far means the insured seriously misunderstood his coverage or the claims rep. was really back logged. Regardless, this is not typical of USAA’s Best Practices. During catastrophes there were always those “ambulance chasters” around and even though the complaints sounded legitimate, many times they were proven to be out of line.
Having been a former USAA Policy Services Rep. and Property Claims Representative I can tell you that USAA requires the person quoting or writing the insurance policy to have a license. Not only that, but the training that USAA provides is by far, the best in the industry. I’m thinking the fact this lawsuit even got this far means the insured seriously misunderstood his coverage or the claims rep. was really back logged. Regardless, this is not typical of USAA’s Best Practices. During catastrophes there were always those “ambulance chasters” around and even though the complaints sounded legitimate, many times they were proven to be out of line.
After reading this article, I am preparing for the number of commercial insured’s who did not have business interruption; power failure and other coverages that must be endorsed to the policy.
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Florida has a mandatory selection/rejection form for Uninsured motorist and no-fault coverages, that must be signed by the Insured. If the state Insurance Supt. believes that an agent is responsible for notifying a prospective insured of ALL available coverages, then why didn’t mandate a selection/rejection form for “flood” and other coverages.
Flood is clearly excluded in the HO-3, which is a contract that the Insured should have read when purchasing the coverage. Agent cannot be held liable for the Insured’s failute to read the policy.
It’s the old story of property owners declining additional coverage to save additional premiums. Then, when the have a loss,they run to unscrupulous lawyers in attempt to get paid for something that is not covered. Unfortunately, they often suceed.
Are you kidding me? USAA is terrible with their claims service. Remember the 1998 New Braunfels/Guadalupe River flood? We had a doctor who was sold a flood insurance policy by one of those unlicensed poorly trained processors without contents coverage. His house was completely distroyed. They even TOLD HIM HE HAD CONTENTS COVERAGE THE NIGHT OF THE FLOOD! They paid under E&O. They’re notorious for Flood insurance troubles.
I was just hit by a USAA insured this week, and they told me tonight at 5:30 that I needed to have my rental car in by 6:00 or they weren’t paying. Sorry I live in Seguin and the car was in San Marcos (for those of you who know Texas). And the lady just couldn’t understand my protests. They’re just not professional.
TW shouldn’t have to involve the FL dept of Ins! This is why insurance companies get sued, because adjusters are cheap with estimates. If they’d be decent, come out and look at the damage, talk with the flood adjuster on the phone, work something out, then no lawsuits would be filed. I happen to work in the insurance industry as an agent, and personally can say, after being an agent in southern Houston after TS Allison, that adjusters are subborn and thick headed. I’m not for frivious lawsuits, or lawsuits at all, but when adjusters act like this (and we all know they’re out there being like that), then sue away.
One day the lawsuits will decline, but it has to be an effort from both reform, AND insurance companies learning to not try and short change the insureds in time of need.
I live in Pensacola, my home and all its
contents were lost in Ivan. I had flood insurance and upgraded Hurricane insurance. I had flood and wind damage to a 5 yr old 3,400 Sf brick home. Flood came out and declared it a total loss, but said that there was obvious wind damage. The wind adjustor said it was all flood without even seeing. We sent a letter from a contractor to them stating the wind damage, along with pictures to make someone have to come out. Two months later we received the most absurdly low wind damage estimate from our adjustor.
We have called and requested another adjuster come out. It’s seems easy for you all to sit smugly at your computer and blame the victims here. I lived in Grande Lagoon subdivision we were particularly hard hit by the storm and we are all fighting the same battle with insurance companies wanting to declare it all flood. I never expected the insurance company to come in and do anything heroic or extraordinary as far as an offer but I did expect them to act like humans. I cant imagine how you can see a family lose everything they own and then try and give them the shaft.
TW…
Your situation is understandably tense and there is no easy answer to getting the flood and wind adjusters to work on the same page. The Florida Department of Financial Services should be able to assist you in getting the adjusters on the same page. You’d be suprised how cooperative they can be once the DFS is involved. Try them at FLDFS.COM and you should be able to get releif. It’s better than hiring an attorney. That’s the last resort.
I’ve been in this business since 1971 and in Fla, even then, you had to buy windstorm coverage in certain areas from the pool (JUA) and flood coverage from NFIP (with a slight detour when the gov’t tried to get private carriers to cover it). When dealing with a 1-800 number, you get what you pay for. No advice and no personal service. Well, lawyers, especially ones with no morals or integrity will “feed” anywhere they can. Maybe the courts should make this lawyer (term used loosely) pay the defense costs for all carriers that win! Maybe we can learn one thing from the British, whose attorney’s must pay defense costs if they lose when their clients can’t. Wouldn’t that be a kick.
The people in Maryland are still trying to get a fair deal from the flood insurance companies.
It’s over 13 months and we are still fighting to reclaim our lives with Omaha Mutual flood ins.
Mr. Bearman would be welcome here because so many of us have been cheated and no one does anything but investigate. Many of us are still in trailers and temp housing. We paid for this coverage, and they are not paying us and we can’t believe the insurance people are not in jail. They cannot be human for what they are doing to all of us.
Shame on all of you!
The state of Maryland and Anne Arundel county have not helped us at all.
We all knew when the hurricanes hit Florida, that it was just the beginning of your nightmares.
Good luck to all of you.
Okay….. When do consumers/insureds plan to be responsible for their assets. It is so easy to blame the agent. I don’t deny that there are agents who dont present all the options to insureds but that really is a small number but here again when does the insured become responsible in protecting there assets. I know when I need to get my own changed in my car I dont wait for a mechanic to call me and if Im not sure I ask the question according. It is all common sense. We are here to serve the consumer/insureds but WE ARE NOT BABYSITTERS EITHER!!!!!
ALY W – I AGREE. UNFORTUNATELY, OUR SOCIETY SEEMS TO HAVE REACHED A POINT OF WHERE NO ONE IS RESPONSIBLE FOR THEIR OWN ACTIONS. THE TRAITS OF PERSONAL INTEGRITY AND CHARACTER, ETC ARE SORELY MISSING IN A LOT OF PEOPLE. I AM NOT A BIG FAN OF ATTORNEYS, BUT I DON’T THINK THEY ARE TOTALLY TO BLAME FOR THIS. WE AS A SOCIETY NEED TO GET BACK TO SOME BASIC FUNDAMENTALS OF SELF RELIANCE – IN THE BROADEST SENSE OF THE WORD.
JR. I couldnt have expressed it more beautifully. I believe in fairness and am an honest csr agent. I can sleep at night knowing that I at least offered some education in how to protect yourself and your hard worked assets. Some appreciate that but am shocked in how many are offended to be educated. I can only hope that people really begin to be more involved in what their purchasing and questioning what they dont understand.
Aly W. I appreciate where you are coming from as I too have been on the agency sales side. Too many times the insured is in a hurry and not interested in hearing all the disclaimers and exclusions. Having also come from a property Claims background, I would usually scare them with my claims stories….this proved to be very effective with those who cared….but alot of customers, especially the ones with expensive closing costs, want the lowest price possible. They keep thinking they will get to reading the policy later, then the inevitable occurs. I do agree there are some adjusters out there who are stubborn…but I’m thinking those are probably “independent adjusters” working for various carriers at the same time and are overtaxed….at least that is what I have witnessed out in the field…
Aly W. I appreciate where you are coming from as I too have been on the agency sales side. Too many times the insured is in a hurry and not interested in hearing all the disclaimers and exclusions. Having also come from a property Claims background, I would usually scare them with my claims stories….this proved to be very effective with those who cared….but alot of customers, especially the ones with expensive closing costs, want the lowest price possible. They keep thinking they will get to reading the policy later, then the inevitable occurs. I do agree there are some adjusters out there who are stubborn…but I’m thinking those are probably “independent adjusters” working for various carriers at the same time and are overtaxed….at least that is what I have witnessed out in the field…
Sorry to inform you J, but there are just as many “stupid” agents out there as there are “hard headed” adjusters. That’s why they have agent’s E&O.
After 24 years in the claims business, my experience has been that, for some reason, agents seem to have a more difficult time getting their claims settled than almost any other profession, with the exception of clergy, police officers, military officers (retired the worst), and politicians.
I’m an adjuster fresh back from Florida. Literally tens of thousands of us desecded on Florida. 99.99% are experienced adjusters. The “hard headed” adjusters are quickly weeded out and sent packing. The insurance companies don’t need the grief.
We all use various computer estimating programs developed by the construction and auto repair industries. They set the prices. The insurance industry sets insurance costs, not repair and construction costs.
Sounds like this lawyer is saying it’s USAA’s fault the he refused to buy the flood insurance that USAA offered? USAA knows what properties are in a flood zone and would receive commission and handling fees for selling a flood policy. Under federal law, USAA cannot refuse to sell flood insurance. The attorney must have paid cash for his water-front mansion, otherwise the mortgage company would have insisted on a flood policy.
This so-called ambulance chaser sounds like a real “Bottom Feeder!”
Flood Ins. is a federal program, not regulated by states. We have a fast-track arbitration process for settling differences between, HO, flood and wind coverages so the policyholder isn’t caught in the middle. When a policyholder buys full coverage, then it’s no longer his problem which policy should respond.
USAA is usually ranked among the top five insurers in terms of customer service. I’ve never worked for USAA!
Lawyers promote stupidity and personal irresponsibility in society by suggesting that someone else is always to blame. I would like to know if the claimant read his policy and if he understood it, the Declaration page clearly states “THIS POLICY DOES NOT COVER LOSSES RELATED TO FLOOD DAMAGE” he does not even need to read past the Dec page to see there is NO FLOOD coverage. If this were a “low risk” zone a preferred risk policy would be available at a greatly reduced cost, but consumers WON’T buy insurance that is not required, Unless you show them pictures and tell them horror stories they will keep their dollars in their pockets and not protect their homes. I have offered additional incentives to the agents in my office to sell Preferred risk flood policies and only about 2% of consumers even let you get past the part about it being an option. I can see it now,”Agent arrested for SLIDING flood insurance”. As far a USAA, It looks like there is NO agent to blame, but it goes a long way in the “you get what you pay for” fight. If you don’t buy from an agent that knows what you should buy and offers the options that are available, then you better be educated in policy provisions when you call that 800 number and don’t blame anyone but yourself when you don’t get everything you need. Better yet, file suit against YOURSELF, because you were the idiot that bought the coverage from someone you can’t even see and certainly will never talk to again after the sale. I can’t wait until an attorney files the first suit against a direct writer insisting that the consumer would have received better service and advise from an agent that has no connection with the company instead of a company employee on the 800#.
We have a lot of problems with Realtors- they are the ones telling these insured they dont need flood insurance- are they being sued? No just like someone else said the mortgage comp nor the closing agent are in question here. Yes there are agents out there they may let slide but they are making money if sold so why would they? Flood insurance is offered in EVERY quote here in any office I have ever been in & we do have a rejection form for them to sign. 80% of people that come into our office is in a hyrry & dont care they want there closing cost cheep until there is an issue like this one them bam- let’s blames the agent b/c “I was in a hurry that day, I wanted the least cost possible due to closing, I did not READ my policy or want to understand what I was buying” but yep that is society these days- so freaking SUE happy
Did you call the company to make sure they received the estimate? Even so, sometimes desk adjusters are moving thru so fast they look only at their adjuster’s report.
Realtors can be a problem. One realtor here closed a home with a homeowner without finishing insurance paperwork. Thats where E&O steps in.
Agents on the whole are genuinely concerned for insureds. There are a few bad apples that ruin it for the rest. Most of the time they are guilty of ducking coverage questions during a claim. E&O takes care of the rest.
The real injustice is that no insurance companies have a system for this magnitude of an event. Even insureds that are proactive but aren’t given proper direction because random people end up on the phones. Instead of proving paperwork and regulalry calling their insurance company to check their claim, they hire a lawyer or PA and lose 10 to 33% of their money.
I agree with everyone who says that it’s the in client’s responiblity to READ and UNDERSTAND what they are purchasing. I can spend all day explaing their coverage , what is covers and doesn’t, and still they don’t get it. In my office flood insurance is not a big deal as we are inland and the chance of a flood is very slim. However people assume insurance pays for EVERYTHING. Even when I explain that liability in auto insurance pays in the event YOU cause to damage to someone’s property, and not much else, that same client will come to me and say that he was hit n ran…when i explain their is no coverage but he wantd the cheapest with no frills, in a sarcastic tone say, “Then why do I have insurance? I could on on about people I deal with on a daily basis. When do the client’s take respobility?
I don’t know sho is worse, the greedy lawyer who is just looking for money (and not the consumer advocate champion he portrays himself to be) or the greedy insurance company who has downsized so many of the quality adjusters and got rid of the stupid agents in favor o f the less expensive “800” number (for faster customer service, not better) or worse yet the dreaded “internet”, where there is nohuman interaction at all.
The money saved by the insurance company in staff reductions, even though our staffing models said we needed more staff, is going out the back door in payments to settle these type BS suits. The claimant will be lucky to see any money, at most 35% after costs and fees. But, you can bet the policyholder will be paying 100% of the new increased premiums. And…it starts all over again…….to be continued.
Lisa.. Just curious to know what you have done as an adjuster: have you tried to get involved in changing things if the insurance companies are so bad and further more are you a public adjuster or work for a company. You sound like the people who complain about the government or politics but dont vote to try to make a change. Have you taken any action towards an insurance company if you have seen so much wrong doing? If you have then I applaude you but if not then dont critize something you take part in everyday.
Amen to this attorney! Insurance companies are out of control with not paying claims or not educating their consumers about what is covered. I have talked the agents that have no idea what is even covered under the policies they sell. We need more attorneys and public adjusters helping consumers get what is rightfully covered and not be undercut or denied on their claims. USAA is a terrible company. I had a claim for a shower pan that failed and caused damage to the lower floor of my townhouse. I understood the shower pan was not covered, but the damage resulting from the shower pan failure was. USAA sent out a “handyman” and then an engineer to deny the claim. I had to fight and 10 months later they paid approximately $4500. They spent that much on the “experts” trying to deny the claim. Sad but true!
I don’t think that you should have even been paid for the damages from the shower pan because in my opinion that really was a maintanence issue. What caused it to fall? I feel that consumers should take a class in what a homeowners policy covers because in all honesty I feel as 90% of all of you are either dumb or conveniently naive when need be. As for PUBLIC ADJUSTERS HA!!! Do you have any clue in how they really make their money? They are not interested in resolving your matter because they know the more they get out of the company the more they make which is usually no less than 10% of the claim. It is so easy to always blame someone else for your lack of asking questions or assuming that the responsibilities belong to someone else when in all reality it is YOUR responsibilities to know what you need and want. I for one do educate the consumer as an agent and many times this is what the consumer(s) says I just want the cheapest insurance until they have a loss.Then all of sudden everything changes. Oh yeah, dont complain when homeowners policies rate go up. It amazes me, I am 30 yrs old and for the 12 years I have handled my own insurance policy and have always asked questions if I didnt understand or didnt know what I had. People PLEASE grow up and take responsibilities for your needs and lack of.
I don’t think that you should have even been paid for the damages from the shower pan because in my opinion that really was a maintanence issue. What caused it to fall? I feel that consumers should take a class in what a homeowners policy covers because in all honesty I feel as 90% of all of you are either dumb or conveniently naive when need be. As for PUBLIC ADJUSTERS HA!!! Do you have any clue in how they really make their money? They are not interested in resolving your matter because they know the more they get out of the company the more they make which is usually no less than 10% of the claim. It is so easy to always blame someone else for your lack of asking questions or assuming that the responsibilities belong to someone else when in all reality it is YOUR responsibilities to know what you need and want. I for one do educate the consumer as an agent and many times this is what the consumer(s) says I just want the cheapest insurance until they have a loss.Then all of sudden everything changes. Oh yeah, dont complain when homeowners policies rate go up. It amazes me, I am 30 yrs old and for the 12 years I have handled my own insurance policy and have always asked questions if I didnt understand or didnt know what I had. People PLEASE grow up and take responsibilities for your needs and lack of.
Insurance is a negative business and one I am not really happy to be a part of. I am an adjuster and see so much wrong the the system. Most agents do not have a clue about what exactly is covered under the policies they are selling. State Farm agents of old were people from the community that did not have any insurance background but wanted to be an agent and were given an agency. State Farm now requires new agents to be from within the company. You have to go through a grueling interview and education process before you are given the opportunity to own an agency. This is good because you are better able to educate the consumer about what is covered and what you are selling. There are consumers that come in and ask for the “cheapest” coverage not realizing that sometimes for just a few dollars more they have better coverage and peace of mind.
Flood insurance is very affordable when you live in a non flood zone area. I live in a non flood zone area and pay very little compared to someone that lives in a flood zone. I live in Florida and feel that most of Florida is swamp or coastal so it is a good idea even if it is not a flood zone to buy flood insurance.
Insurance companies for the most part are the devil. They charge premiums but when it comes time to pay they look for ways to not. Take depreciation for example – adjusters hold back depreciation with the expectation that insureds will not come back for it and studies have shown that only 30 percent of the policyholder come back for the depreciation or understand how to. It is just another way for insurance companies to not pay for what they owe. Also, when a premium is due the insurance company will send a notice and cancel you if you don’t pay within the alloted time, but if you file a claim and it takes the insurance company 2 months to do the inspection there is no penalty. There is certainly something wrong with the system. I am a homeowner and if I had a claim I would expect someone out there in a timely manner not 2 months later. Also, you can have an inspection done and then the file get reassigned to someone else and you start all over again. I think there should be a penalty or something against insurance companies that allow this to happen.
The entire insurance industry is twisted and wrong. I love to hear when an attorney sues and wins big because of the bad behavior of the insurance company. There isn’t one better than the other – THEY ALL SUCK!
We need more attorneys and public adjusters to hold insurance companies accountable.
Aly – I am a independent adjuster and work for many insurance companies. The way I have tried to make a difference is to take care of the policyholder when adjusting their claim – fairly and professionally. I adjust the claim as I were doing it for my mother, sister, grandmother, etc. I pride myself in learning about construction, estimating, computers programs, etc. I do whatever I can to help the policyholder.
Trying to get insurance companies to change their ways is almost impossible because of the brainwashing that is done to the employees. I once was an employee of a major insurance company(their colors are red and white)and in a meeting a supervisor stated to not pay too much on the claims because then our 401K would not be matched. I told another supervisor what was said in the meeting and I was the one that I should not get involved and forget what I heard.
I do vote and I am a proud American. I do feel my vote does make a difference and I feel my actions do too. I like to treat people the way I would want to be treated in the same situation.
The reason I praise attorneys and public adjusters is because I see that they are able in some way to punish the insurance companies for their wrong doings. You hear about class action suits all the time and insurance companies having to pay big. It seems it is the only way to get “Big Corporate Giants” to listen.
Aly – I am a independent adjuster and work for many insurance companies. The way I have tried to make a difference is to take care of the policyholder when adjusting their claim – fairly and professionally. I adjust the claim as I were doing it for my mother, sister, grandmother, etc. I pride myself in learning about construction, estimating, computers programs, etc. I do whatever I can to help the policyholder.
Trying to get insurance companies to change their ways is almost impossible because of the brainwashing that is done to the employees. I once was an employee of a major insurance company(their colors are red and white)and in a meeting a supervisor stated to not pay too much on the claims because then our 401K would not be matched. I told another supervisor what was said in the meeting and I was the one that I should not get involved and forget what I heard.
I do vote and I am a proud American. I do feel my vote does make a difference and I feel my actions do too. I like to treat people the way I would want to be treated in the same situation.
The reason I praise attorneys and public adjusters is because I see that they are able in some way to punish the insurance companies for their wrong doings. You hear about class action suits all the time and insurance companies having to pay big. It seems it is the only way to get “Big Corporate Giants” to listen.
Sounds like Lisa really is unhappy with the industry, and upset that claims are not handled in a timely manner. I wonder if Lisa has done any claims in Florida or any other state affected by The 4 hurricanes. And if she has settled all of the claims assigned to her in a “reasonable time period”, having dealt with hundreds of adjustors from the storm claims I can only suggest that they don’t train most adjustors very well in anything, especially out of state adjustors. They have lied to every customer about the time involved to get the paperwork to the companies, they are to scared to tell the insureds that they wont get around to it for an average of 3-4 weeks. I understand they are busy but MOST are not honest and not very knowledgable about adjusting Florida claims. Values are differnet here than they are in Alabama, Texas, Montana, etc. Construction costs and building values have went thru the roof in the last 2 years and now a materials shortage makes it worse. You see, there are bad agents out there and yes bad companies, but we have sure seen more than our share of BAD adjustors, and the public adjustors will NEVER get an insured more money than they are due. Insurance companies have responded only as well as the adjustors have. The sad fact is that 90% of the claims in Florida are handled by independant adjustors like Lisa and the bottle neck starts there. If you cant adjust fairly and efficently, we don’t need you here. It is a joke at how many insureds think the insurance companies are to blame for the delays in getting checks out, and they praise the adjustors because they were friendly and spent a lot of time with the client ((1 hour) and found additional roof damage that the insured did not know about and they talked about their family and dogs, but when they come into the agents office to blast us about the 2 months delay, we call into the company to find out that the precious friendly adjustor has still not turned in the paper work 6 weeks after being at the home. I say this as an agent that has dealt with this dozens of times with clients and personally on MY claim. Mine was even worse, because I had done the adjusting work myself, measured, had diagrams, photos and everything on a cd ready to upload and it took 5 weeks to get him to complete my claim and only 4 days for the carrier to send the check once they had his paperwork. The current problems in Florida are because adjusting companies can’t handle the mass number of claims and they are taking any out of state humanoid and giving them a job, and they are not experienced in dealing with catastrophie situations. Logistics are a big part of the problem. Most companies are paying based on what the adjustors report says, if it is 40% higher than it should be they are sending the money anyway, if it is 40% less thats what they are sending, it is expected that the adjustors know what they are doing and it is clear that they don’t. It will seem that I have directed this to all or MOST adjustors as Lisa did in her statement that MOST agents are clueless about coverages. Lisa may indeed be a good person and a good caring adjustor that treats her clients good, but her fellow adjustors dont portray that same good quality. If lisa did care so much she would be happy to be in the insurance industry and not refer to it as a negative business, we are here to help people, and next to agents the adjustors are the next person the client ever sees, it is crucial that you like what you do and do it to the best of your ability.
AMEN, BROTHER. I WAS AN INSURANCE COMPANY ADJUSTER FOR OVER 20 YEARS, AND HAVE WORKED MANY CATS. I AM NOW AN AGENT. I CAN SEE THE ISSUE FROM BOTH SIDES. BEING A CAT ADJUSTER IS TOUGH & BEING A GOOD DECENT RESPONSIBLE AGENT IS NO CAKEWALK EITHER. BUT IF YOU DON’T ENJOY THE CHALLENGES OF YOUR CHOSEN PROFESSION, THEN YOU NEED TO THINK ABOUT A NEW CAREER. BUT THE REWARDS THAT COME FROM BEING ABLE TO HELP YOUR INSUREDS PIECE BACK THEIR LIVES, WHEN THEIR LIVES HAVE BEEN GREATLY IMPCTED, WHETHER IT BE A CAT OR AUTO ACCIDENT OR EVEN A DEATH, ARE ENORMOUS. I WOULDN’T TRADE THE THANK YOU I RECEIVE FROM MY INSUREDS AFTER A CLAIM IS HANDLED FOR ANYTHING.
I have never been in an adjusters shoes but as an agent I know it is a difficult job to handle or deal with an irate client. After all they just suffer a loss and in a CAT as normal human beings we tend to forget that we arent the only ones with losses. This hurricane season was obviously a very weird one that caused great damaged and our state wasnt prepared to deal with such losses and actually I dont really think you can ever be ready. You can improve the preparation methods and that we all as a state have done in many ways. There are times that this field can be overwhelming but I must agree with John you must love what you do because it is the passion in what you do that helps others and making that change that helps you as an agent or adjuster to move forward to help the next one. If you are negative about it you can only bring negative to it. Lisa mentions how she was asked not to say anything after a meeting but I ask why she didnt. I know one person cant change the world but one person can open the doors to have others join and help make any necessary changes ad differences. Insurance companies are no angels but they are no devils either. You will always have a happy and unhappy camper and that is just the fact of life. Tomato….Tomatoe…
Lisa, Lisa, Lisa. I am sure along the way a claim was handled such that things did not go well. However, you know someting, it is not worth the hassel!!!!!! Take care and good luck!
Lisa sems to be giving misinformation or lying, the problem is that her numbers for complaints and mediations are false. According to the Fl Dept of Financial Services there has been 4152 complaints filed and only 342 mediations requested. They have taken over 30,000 phone calls but not all were complaints. and by the way the Fl. CFO, Tom Gallagher,was interviewed on the news this week regarding a guy who was injured when a neighbors roof blew off during hurricane charley and it blew about 400 feet into the another house. The debris injured a man inside the home that was hit and he had a pretty serious gash on his leg. He has medical insurance but tried to file a claim against his neighbor for injuries. The company responded with a denial stating that the hurricane was “An act of God” and that their insured was not at fault. the claimant then filed a complaint with the Dept and the news crew interviewed Tom Gallagher. His response was ” I hope he gets a good lawyer and they find somebody negligent because somebody needs to take care of this guy”
Mr Gallagher you are an problem that this industry can not tolerate, If you really think it is a good thing for someone to sue because 140 mph winds blow off a roof and that somehow the homeowner or their insurance company is responsible, you have not read your insurance policy and have no reason to be stating crap like this. I have a copy of the video and can’t believe anyone in the industry, even Lisa, is dumb enough to make a statment like that.
Wink Tv Channel 11 Monday 11/15/2004 6:00 evening news Story by Chris Chiffati
NOW IF YOU WOULD STOP WASTING YOUR TIME ON PROPAGANDA, GET OFF OF THE INTERNET AND DO YOUR J.O.B. AND SERVICE YOUR ACCOUNTS THERE WOULD BE NO DISCUSSION!!!!!!!!!!!
What Mr. Berman will accomplish for the citizens of Floria in his “holy quest for the $” is just that, with the value added outcome of much higher premiums and more coverage exclusions. Hurray for trial lawyers !!
Lisa,
It is nearly impossible to follow you logic. If the insurance companies are the devil, then that makes you a hypocrite of the worst stripe. Taking depreciation from a claim settlement is “paying what you owe”. If the client CHOOSES to replace/repair their damaged items, then they will receive those RC benefits. From reading your posts, I certainly hope that my company fired your goofy rear and that you aren’t working any of our claims. Enjoy the rest of your day in la-la land.
To all of you that think insurance companies are great, pay what they owe, and take care of their policyholders – I hope you never have an insurance claim because you will see for yourself what it is all about. I doubt that those defending the insurance company have ever had an insurance claim. Working as an independent adjuster, I feel like Robin Hood. I take for the rich insurance company and help the little guy. I always make sure that they are well taken care of. Depreciation is a joke. I take as little as possible because to get the depreciation back you have to spend the money you are given and then some out of your own pocket. Most people don’t have unlimited funds to be able to pay and wait for months to be reimbursed. With all the hurricane claims in Florida, people are waiting months to receive their first check and will have to wait months to receive their RC Benefits check. Get real and put yourself in the position of people that are working class and live paycheck to paycheck.
Lisa,
I can not spend any more time with you….I must go to work in an industry that does great things for people who have suffered a loss. I must re-double my efforts to educate a public that is poisoned by the stupidity that you and those who think like you spread on a daily basis. Enjoy your paycheck, hypocrite.
This attorney is a joke, he is out for a buck and could care less about where his clients end up. If I read Lisa’s note correctly she is an indep adj. I am a company adjuster and to read her comments makes me wonder what she is thinking about? Possibly she would rather the industry bump premiums by 10 fold or so so everyone could get RC coverage. Frankly, it is amazing, I don’t believe she is an indep adj., the person who wrote those comments are clueless!!!!
For starters, all of these folks know next summer hurricanes will hit again, will anyone leave? NO, they will build again.
This is a complete joke. Everyone who is complaining about insurance companies are the same folks who think legal liabilty is a term which defines!!!!!! They don’t understand legal liab, they don’t even know what Cov A is for, they never have even read their policy. An Agent could tell most insurd’s anything today, but tomorrow they will have forgotten.
This attorney is going after the money, not the remedy, I wonder why???????/
For starters, all of these folks know next summer hurricanes will hit again, will anyone leave? NO, they will build again.
This is a complete joke. Everyone who is complaining about insurance companies are the same folks who think legal liabilty is a term which defines!!!!!! They don’t understand legal liab, they don’t even know what Cov A is for, they never have even read their policy. An Agent could tell most insurd’s anything today, but tomorrow they will have forgotten.
This attorney is going after the money, not the remedy, I wonder why???????/
Jadubya – Great for you on educating people about insurance and trying to help those in need. I definately am when it comes to handling their claim and making sure they get what they deserve. Over 1.5 million claims have been filed with the 4 Florida hurricanes and over 80,000 complaints/mediations have been filed due to underpayment and mishandling of the claim. If you don’t believe my you can log onto the Florida Department of Insurace website where Insurance Commissioner Gallagher talks about it. That is a very large number and I think if the system was working and policyholders were being taken care of by adjusters(company or independent) then the number of complaints would be much smaller. Thank God consumers have 5 years to mediate and sue if need be to protect their rights. Insurance companies love to receive premiums, but they hate to pay. I certainly feel like Robin Hood when I am out in the field helping those that have and are suffering one of the worst times of their lives.
I’m beginning to think “Lisa” is really Mr. Bearman in DISGUISE!!!!!! She sounds like she has a chip on her shoulder about the industry…either that or she is a bad faith attorney who has gone “undercover” to work for the insurance industry….Hmmmmm……I don’t even know how she can hold her job with that kind of attitude….I wonder what her management would say if they received copies of these comments……
Lisa, I applaud you for your altruistic intentions; however, don’t forget about all those insureds who capitalize on the industry and submit fraudulent or exaggerated, padded claims…..We are not here to OVERINDEMNIFY anyone…read your policy contract
I’m beginning to think “Lisa” is really Mr. Bearman in DISGUISE!!!!!! She sounds like she has a chip on her shoulder about the industry…either that or she is a bad faith attorney who has gone “undercover” to work for the insurance industry….Hmmmmm……I don’t even know how she can hold her job with that kind of attitude….I wonder what her management would say if they received copies of these comments……
Lisa, I applaud you for your altruistic intentions; however, don’t forget about all those insureds who capitalize on the industry and submit fraudulent or exaggerated, padded claims…..We are not here to OVERINDEMNIFY anyone…read your policy contract
Lisa, the extra money that the insured has to come up with when they have a claim is called the deductible. Not an uncommon provision in a policy, but what do I know I am just an old underwriter.
If the FL Insurance Comm in fact made a statement that due to 140 m.p.h winds one would be negligent, then the FL Insd comm is one of the dumbest Insurance prof I know, and he is the leader in this regard in FL. No wonder folks like Lisa are allowed to exist. It truly is amazing.
Why does not the FL Insd Comm simply pay the injured party out of his own pocket if he feels so badly. Would the Fl Ins Comm feel as negligent if it was his roof and he had no HO coverage??????
I am so happy I don’t live in FL or anywhere next to Lisa! Thanks GOD!
In order for a H.O. policy to pay a 3rd party claim under the liability section of the policy, the 4 elements of negligence would have to be addressed….i.e. duty owed, duty breached, etc….an act of God is not an act of negligence on the neighbor’s part (neighbor’s roof blowing into claimant’s house). However, I think the real question is, WHAT THE HELL WAS HE STILL DOING IN THE HOUSE WITH 140 MPH WINDS?…..Why didn’t he EVACUATE? There were warnings! Again, some people have a tendency to look for the “deep pockets” because they are taking advantage of the sympathy out there for a true loss….however, insurance companies are not non-profit organizations.
Lisa… just curious to know… did you get your adjusting license in a Cracker Jack box? I dont think you really understand your job very well and must also tell you as I previously wrote to you that if you see so much wrong doing then why dont you do something about it instead of complaining about it. As for being Robin Hood well you really need to remember that the insurance companies are out to make a profit as well as you go out to work to make money. I feel most claims are handled pretty well but understand that nothing is perfect. Oh yeah you really should reconsider your profession because I feel you are really doing more harm than good not to really say that what your doing is really unethical because if you are being bias and leaning towards the insureds out of spite to the insurance company I feel I could easily say that you are basically stealing….. THINK ABOUT WHAT YOUR DOING WISELY!!!!
Lisa, I wonder if you have as much courage as you have brains. Please call me and identify yourself. My home phone is 603-456-2808. Please call me, I want to speak with you to make sure you are not a dog or cow, or even possibly worse, a moron!. You won’t call though, will you!
Okay, Paul and Aly W., its getting a little nasty and personal now.
While I agree that this individual may be way off the mark in her attitudes and work ethic/philosophy, maybe the responses from the two of you should be close to what you want her to be; constructive, objective, and, oh yeah, professional.
I have not disrespected her in anyway. I am simply calling it out as it is. I have not called Lisa any names but if she is doing what she implies doing then reality is that is STEALING and furthermore if she isnt happy then she should find a career that does make her happy because with such negative feelings it can only do harm not good. So Mr. Chris thank you for your observation in this website but please note and know what being nasty is really all about.
I have not disrespected her in anyway. I am simply calling it out as it is. I have not called Lisa any names but if she is doing what she implies doing then reality is that is STEALING and furthermore if she isnt happy then she should find a career that does make her happy because with such negative feelings it can only do harm not good. So Mr. Chris thank you for your observation in this website but please note and know what being nasty is really all about.
You publicly questioned whether the woman got her license from a cracker jack box. Are you trying to tell me that was that nice? Professional? Constructive? Objective?
Althouth it was a sacrastic comment it wasnt being disrespectful just bluntly honest and I really this is a place to post comment so please dont take it so personal otherwise you shouldnt be reading this…. Have a great day Chris and your observation has been noted.
PEOPLE- WE NEED TO REMEMBER THAT THIS IS AMERICA. WE EACH HAVE THE RIGHT TO EXPRESS OUR OWN OPINION. WE MAY NOT AGREE WITH EACH OTHER, BUT EACH ONE OF US DO HAVE A RIGHT TO EXPRESS OUR THOUGHTS. I BELIEVE THAT WE SHOULD KEEP THIS OPEN FORUM PROFESSIONAL AND RESPECTFUL. THERE IS NO NEED FOR OR ANY VALUE IN PERSONAL ATTACKS OR VINDICTIVENESS. I DON’T AGREE WITH LISA, BUT AFTER ALL, SHE DOES HAVE THE RIGHT TO EXPRESS HERSELF. BUT, I MUST STATE FOR THE RECORD, THAT I BELIEVE SHE IS IN THE WRONG PROFESSION & THAT SHE SHOULD STRONGLY CONSIDER A CAREER CHANGE.
Hurricane Isabel hit Maryland 14 months
ago. There are people with full coverage
still living in FEMA trailers. The stress
is terrible. Knowing you had plenty of
coverage and yet only receiving pennies.
See the site http://www.femainfo.us This site
was started by Steve Kanstoroom, a retired
fraud intestigator.
Being so “down” on adjusting, and still doing it, reminds me of the story of the lady stranded on a desert island with two men. After a few weeks she became so ashamed of what she was doing she killed herself. After another few weeks the men became so ashamed of what they were doing they buried her.
I have adjusted property for 36 yrs. and have yet done anything I was ashamed of with an insured, or company. There have been some things I have refused to do.
I spent 28 years in the construction industry and 5 years as a full service agent before becoming an independent claim rep 10+ years ago.
In the past 10 years, I have worked almost exclusively for State Farm from one side of this great nation to the other.
It has always been understood that it was not our job to deny claims, but to look for ways to find coverage.
State Farm’s philosphy has always been to pay what we owe, but not more than we owe.
Let’s not forget that an insurance policy is a contract. As with all contracts, there are terms and conditions. One of these is the settlement provision, which clearly states that the settlement is ACV until such time as the expenditure is incurred or a contract signed.
Judging from your statements and my own experience, I doubt very seriously that you were ever an employee of State Farm or any other major carrier.
What is up the lawyer’s sleeve. You get what you pay. Finley got the coverage they paid for. If they wanted coverage for the windstorm, they could have gone to the pool but did not, not willing to pay the extra premium.
It looks anything that goes wrong is the fault of the insurance industry. Then there is bad faith issue, non disclosure etc., etc. why are not there such legislation as covering the full defence cost if plaintiff lose?
10 years adjusting auto and property claims I have noticed a steady decrease in what the insurers are willing to pay, a steady increase in denials and micro management cutting estimates. I love the television Commercials about insurance fraud “inflating claims is fraud”. Insurers “deflate” claims on a daily basis – this is also fraud, but the insurers say deflation is an adjuster error, a poorly traned adjuster. I remember the training I sat through which focused on reducing average claims payout. One carrier manager actually told us to reduce average claims payout by 25% and every one woud receive a gain share bonus. That is bad faith and fraud!!!
HEY – I GOT A GREAT IDEA. JUST DO AWAY WITH ALL OF THOSE EVIL INSURANCE COMPANIES, AND EVERYONE CAN SELF INSURE. THAT WAY WE HAVE NO ONE TO BLAME BUT OURSELVES.
I’ve spent the past ten years in the insurance industry,in varying positions and with varying roles. The one thing that fails to change in this industry are the generalizations made from both sides of the fence – the consumer’s side and the insurance company’s side.
Yes, there are many examples of insurance companies who aren’t expeditious with their handling of claims…and some, unfortunately, who are downright dishonest.
However, there are many insurance companies who work hard and apply extreme diligence in ensuring the consumer receives what is owed and that the promise of the insurance contract is fulfilled.
The same exists however on that “other side of the fence.” Though the majority of all policyholders operate in good faith, there are those with moral and/or morale issues that result in claims of a padded and fraudulent nature.
In the end, regardless of the masses of legislation and lawsuits introduced, the variables that make up the landscape of insurance will continue to exist…at least to some degree.
My only hope is that one day we could all – consumers and insurers alike – stop the generalizations and the across-the-board bashings and instead focus on specifics, working to educate on another as opposed to wreaking havoc and fear.
The adversarial environment this type of behavior creates is simply of no benefit, to either side, regardless of what attorneys, your neighbor, or an insurance company representative might think!
clint –
here! here! i couldn’t of said it better myself. you absolutely hit the nail on the head. unfortunately, we can’t legislate morales or values, no matter how hard we try.
It’s sad to sit here and read the opinion’s of people who know nothing of the case other then the article above. The truth of the matter is that Finley paid for coverage (or what they thought was coverage). If USAA uses 1-800 operators to issue polices instead of agents who are paid, and able to fully advise the client of what they need, then they have no other recourse but to pay out an E&O. It’s easy to sit here an chastise someone for not being informed on something that sounds like a good majority of you do day to day, but odds are Finley probably isn’t an Insurance adjuster or agent. Though I am not a fan of lawsuits, I am a fan of people doing the right thing.
I understand that some people are saying how these people were irrisponsible in not reading their insurance policy, but I actually know these people, how would you feel if you didn’t receive the policy???? How would you feel that the house was only 3months old???? How would you feel being in this family and your partner being 5 months pregnant ripping out carpet, and tearing down drywall? How would you feel?? You can judge people and yet not know the whole story. I understand you are going on what is mentioned in this article but just know or ask about the whole article.
My 100 year old home was damaged by a tornado during hurricane Ivan. My insurance company has fought me every step of the way. They are disputing the extent of the damage, saying all they see is an old house. They refused to accept the one estimate I was able to get after calling 20 contractors. (no one wants to work on an old house) They have now brought in their own contractor with an estimate that is half of mine and they only want to pay 50% of his. Because it’s an older home. The insurance adjuster has been nothing but rude and condescending to me. He stood in my yard and yelled at me and his parting comment one day was that at least we all got out alive and we should be grateful for that. Two of my next door neighbors were killed when an oak tree smashed their home. Believe me, every day we feel for their family and have this on our minds. I have been informed that it is possible that the contractor they sent is related to the insurance adjuster but I need to research that before I can proceed with a complaint. He claims to have made a thorough inspection of the property with his contractor but he didn’t access my attic to see the rafters broken by trees on my roof and he didn’t even measure my fence. He was off by 2 feet on the height which makes a big difference in price. I am a disabled widow with a mortgage and I have no way of repairing this home without my insurance coming through. I never expected to be in this position especially considering where I live. I can not imagine having to deal with as much as some others have had to deal with. I will now begin again the process of documenting the damages and justifying my contractors estimate. I only have 3 more months before my policy comes up for renewal and I am certain that they will refuse to renew it since I had the nerve to file a claim. So everyone should read their policies carefully and assume nothing. I thought I was covered and I am sure most of you think so too.
It is terribly unfortunate that people do not realize that there are many different types of dwelling policies. There are replacement cost policies, ACV policies, etc. I ahve yet to see one that covers flood except a true flood policy or endorsement. In most cases you get what you pay for. As one agent writing in put it so well (and I have used this phrase myself) people want the cheapest policy they can get until they have a loss. As for the unfortunate widow who posted, it is almost impossible to get a full replacement cost policy on a 100 yr. old home and if you could you would have to own the bank to afford it. I advise everyone, ask questions, read your policy, get smart about your insurance, it’s not that hard. Don’t let it be one of those “I’ll read it when I get time” situations. Good Luck all.
Its hard to say “let the buyer beware” to somebody too stupid to buy the proper insurance.Obviously this grandstanding snake oil salesman wants to pass his clients stupidity on to the rest of his fellow USAA members in the form of higher premiums.As long as he gets his 50% he could care less.Time for tort reform.
Hey Guys & Gals,
Give the bloodsucking, ambulance chasing, atty’s a chance, they’ll include you too in the suit. Go Bob, Tort Reform is in the way!!!
God forbid the homeowner take responsibility for not investigating the need for flood insurance.
This ought to be fun to watch, as companies teetering on insolvency now deal with the pit bulls of industry.
I am non-lawyer, law school graduate who is completely disenchanted with the legal system at the moment. This particular suit may be completely absurd. I agree that it is basically common knowledge that there is a difference between homeowner’s and flood insurance. What’s more, the insured really should at least read the coverage section of his insurance policy. However, it is important to note that the insurance industry, who happens to be the defendant in this case, is very dependent on law suits. If there weren’t any law suits, no one would have any need to purchase liability insurance. Besides, sometimes lawyers sue bad people too.
Everyone knows that you need to get flood insurance separate from homeowners. If I were the judge/jury I’d just laugh at the homeowner for being so ignorant. It’s not the insurance companies fault that the homeowner did not get flood insurance. You can’t even purchase flood insurance through the homeowners anyways, you have to get it from the government.
This is a pure jerk, why should the insurance company tell the home owner about the flood insurance, must we forget who sold the policy, the dumb agent. Its his duty to make sure his clients are covered foe all risks
Sure…Blame the agent. Oh wait…This suit is againt USAA. Last time I checked USAA didn’t have agents, just helpful customer service reps located in another state somewhere. Maybe if he had an agent…and a company that values agents…there wouldn’t have been an uncovered exposure.
Not to mention, how many homeowners cry and moan about having to purchase flood insurance as a condition of their mortgage. It happens daily. Thanks to the legal profession, consumers no longer have any responsibility. BTW, agents are a valuable resource for consumers, but getting some of them to listen to your advice can be very frustrating. They act as though all agents are just trying to sell invaluable coverage to make more money.
Got to love them for looking out for themselves and the MONEY. If Florida gets one of those Clinton/Kerry Judges then you can bet the homeowners policy will cover it. The claimant is always right!
USAA is a direct writer, 800 number company! They did not have “agent”, just order takers over the phone. Perhaps this is a good advertisement for the public to think about using a REAL agent!
FYI. NO FLOOD ZONE-NO FLOOD INSURANCE.
While this lawsuit may or may not have credence, USAA sells insurance to military affiliated persons without actual direct representation by a local agent.
Most of these sales are by phone and are serviced by unlicensed personel from another state.
If the state of Florida required the use of a local agent then the consumer would be advised in a proper fashion and that agent would be directly responsible to advise the consumer on what the proper coverage is for the risk. Without a qualified person to advise the consumer, the consumer is always at risk.
One other thing. The consumer in this case was probably furnished a final survey when he purchased the property which indicates the flood zone and requirements of the Mortgagee. The closing attorney has more responsibility to advise the consumer he is representing at the closing than the insurance company or an agent.
Why isn’t he being sued also?
Danny
Danny’s right about the closing attorney or title company providing disclosure about flood insurance.
I am refinancing my home and just received my package. There was a $18.00 charge for flood zone determination. It stated that I “did not need flood insurance”.
Bet the folks in this case received the same at their closing.
THAT’S WHY I ALWAYS OFFER EVERY HO QUOTE A FLOOD QUOTE. WHEN I SELL AN HO POLICY, I ALWAYS WRITE “DECLINED FLOOD POLICY” ON THE INVOICE. THIS SAGE ADVICE WAS GIVEN TO ME BY AN OLD TIMER MANY YEARS AGO. YOU KNOW THE OLD SAYING: “C.Y.A.” IT APPLIES NOW, MORE THAN EVER……
You can pretty much bet that if the property has a mortgage, and its in a flood zone, the mortgage company required proof of flood insurance at closing. And, if the coverage lapsed, would have “forced placed” flood insurance a long time ago.
USAA usually scores at the top of customer satisfaction surveys, at least here in Texas, so in some ways I am surprised that they are the first casualty. On the other hand, having had to deal with the many a USAA insured from a liability standpoint, current or retired military officers mostly, I won’t be surprised if this turns out to be an ego excercise for the policyholder.
Say what?!? Are you an agent who believes if you don’t live in a flood zone where lenders require coverage you can’t purchase it?
Having been a former USAA Policy Services Rep. and Property Claims Representative I can tell you that USAA requires the person quoting or writing the insurance policy to have a license. Not only that, but the training that USAA provides is by far, the best in the industry. I’m thinking the fact this lawsuit even got this far means the insured seriously misunderstood his coverage or the claims rep. was really back logged. Regardless, this is not typical of USAA’s Best Practices. During catastrophes there were always those “ambulance chasters” around and even though the complaints sounded legitimate, many times they were proven to be out of line.
Having been a former USAA Policy Services Rep. and Property Claims Representative I can tell you that USAA requires the person quoting or writing the insurance policy to have a license. Not only that, but the training that USAA provides is by far, the best in the industry. I’m thinking the fact this lawsuit even got this far means the insured seriously misunderstood his coverage or the claims rep. was really back logged. Regardless, this is not typical of USAA’s Best Practices. During catastrophes there were always those “ambulance chasters” around and even though the complaints sounded legitimate, many times they were proven to be out of line.
After reading this article, I am preparing for the number of commercial insured’s who did not have business interruption; power failure and other coverages that must be endorsed to the policy.
*
Florida has a mandatory selection/rejection form for Uninsured motorist and no-fault coverages, that must be signed by the Insured. If the state Insurance Supt. believes that an agent is responsible for notifying a prospective insured of ALL available coverages, then why didn’t mandate a selection/rejection form for “flood” and other coverages.
Flood is clearly excluded in the HO-3, which is a contract that the Insured should have read when purchasing the coverage. Agent cannot be held liable for the Insured’s failute to read the policy.
It’s the old story of property owners declining additional coverage to save additional premiums. Then, when the have a loss,they run to unscrupulous lawyers in attempt to get paid for something that is not covered. Unfortunately, they often suceed.
Are you kidding me? USAA is terrible with their claims service. Remember the 1998 New Braunfels/Guadalupe River flood? We had a doctor who was sold a flood insurance policy by one of those unlicensed poorly trained processors without contents coverage. His house was completely distroyed. They even TOLD HIM HE HAD CONTENTS COVERAGE THE NIGHT OF THE FLOOD! They paid under E&O. They’re notorious for Flood insurance troubles.
I was just hit by a USAA insured this week, and they told me tonight at 5:30 that I needed to have my rental car in by 6:00 or they weren’t paying. Sorry I live in Seguin and the car was in San Marcos (for those of you who know Texas). And the lady just couldn’t understand my protests. They’re just not professional.
TW shouldn’t have to involve the FL dept of Ins! This is why insurance companies get sued, because adjusters are cheap with estimates. If they’d be decent, come out and look at the damage, talk with the flood adjuster on the phone, work something out, then no lawsuits would be filed. I happen to work in the insurance industry as an agent, and personally can say, after being an agent in southern Houston after TS Allison, that adjusters are subborn and thick headed. I’m not for frivious lawsuits, or lawsuits at all, but when adjusters act like this (and we all know they’re out there being like that), then sue away.
One day the lawsuits will decline, but it has to be an effort from both reform, AND insurance companies learning to not try and short change the insureds in time of need.
I live in Pensacola, my home and all its
contents were lost in Ivan. I had flood insurance and upgraded Hurricane insurance. I had flood and wind damage to a 5 yr old 3,400 Sf brick home. Flood came out and declared it a total loss, but said that there was obvious wind damage. The wind adjustor said it was all flood without even seeing. We sent a letter from a contractor to them stating the wind damage, along with pictures to make someone have to come out. Two months later we received the most absurdly low wind damage estimate from our adjustor.
We have called and requested another adjuster come out. It’s seems easy for you all to sit smugly at your computer and blame the victims here. I lived in Grande Lagoon subdivision we were particularly hard hit by the storm and we are all fighting the same battle with insurance companies wanting to declare it all flood. I never expected the insurance company to come in and do anything heroic or extraordinary as far as an offer but I did expect them to act like humans. I cant imagine how you can see a family lose everything they own and then try and give them the shaft.
TW…
Your situation is understandably tense and there is no easy answer to getting the flood and wind adjusters to work on the same page. The Florida Department of Financial Services should be able to assist you in getting the adjusters on the same page. You’d be suprised how cooperative they can be once the DFS is involved. Try them at FLDFS.COM and you should be able to get releif. It’s better than hiring an attorney. That’s the last resort.
Sure Mr. Bearman its all for the people isnt it?? Im sure you will be happy to do this all pro bono since you are looking out for your fellow man.
I’ve been in this business since 1971 and in Fla, even then, you had to buy windstorm coverage in certain areas from the pool (JUA) and flood coverage from NFIP (with a slight detour when the gov’t tried to get private carriers to cover it). When dealing with a 1-800 number, you get what you pay for. No advice and no personal service. Well, lawyers, especially ones with no morals or integrity will “feed” anywhere they can. Maybe the courts should make this lawyer (term used loosely) pay the defense costs for all carriers that win! Maybe we can learn one thing from the British, whose attorney’s must pay defense costs if they lose when their clients can’t. Wouldn’t that be a kick.
The people in Maryland are still trying to get a fair deal from the flood insurance companies.
It’s over 13 months and we are still fighting to reclaim our lives with Omaha Mutual flood ins.
Mr. Bearman would be welcome here because so many of us have been cheated and no one does anything but investigate. Many of us are still in trailers and temp housing. We paid for this coverage, and they are not paying us and we can’t believe the insurance people are not in jail. They cannot be human for what they are doing to all of us.
Shame on all of you!
The state of Maryland and Anne Arundel county have not helped us at all.
We all knew when the hurricanes hit Florida, that it was just the beginning of your nightmares.
Good luck to all of you.
Okay….. When do consumers/insureds plan to be responsible for their assets. It is so easy to blame the agent. I don’t deny that there are agents who dont present all the options to insureds but that really is a small number but here again when does the insured become responsible in protecting there assets. I know when I need to get my own changed in my car I dont wait for a mechanic to call me and if Im not sure I ask the question according. It is all common sense. We are here to serve the consumer/insureds but WE ARE NOT BABYSITTERS EITHER!!!!!
ALY W – I AGREE. UNFORTUNATELY, OUR SOCIETY SEEMS TO HAVE REACHED A POINT OF WHERE NO ONE IS RESPONSIBLE FOR THEIR OWN ACTIONS. THE TRAITS OF PERSONAL INTEGRITY AND CHARACTER, ETC ARE SORELY MISSING IN A LOT OF PEOPLE. I AM NOT A BIG FAN OF ATTORNEYS, BUT I DON’T THINK THEY ARE TOTALLY TO BLAME FOR THIS. WE AS A SOCIETY NEED TO GET BACK TO SOME BASIC FUNDAMENTALS OF SELF RELIANCE – IN THE BROADEST SENSE OF THE WORD.
JR. I couldnt have expressed it more beautifully. I believe in fairness and am an honest csr agent. I can sleep at night knowing that I at least offered some education in how to protect yourself and your hard worked assets. Some appreciate that but am shocked in how many are offended to be educated. I can only hope that people really begin to be more involved in what their purchasing and questioning what they dont understand.
Aly W. I appreciate where you are coming from as I too have been on the agency sales side. Too many times the insured is in a hurry and not interested in hearing all the disclaimers and exclusions. Having also come from a property Claims background, I would usually scare them with my claims stories….this proved to be very effective with those who cared….but alot of customers, especially the ones with expensive closing costs, want the lowest price possible. They keep thinking they will get to reading the policy later, then the inevitable occurs. I do agree there are some adjusters out there who are stubborn…but I’m thinking those are probably “independent adjusters” working for various carriers at the same time and are overtaxed….at least that is what I have witnessed out in the field…
Aly W. I appreciate where you are coming from as I too have been on the agency sales side. Too many times the insured is in a hurry and not interested in hearing all the disclaimers and exclusions. Having also come from a property Claims background, I would usually scare them with my claims stories….this proved to be very effective with those who cared….but alot of customers, especially the ones with expensive closing costs, want the lowest price possible. They keep thinking they will get to reading the policy later, then the inevitable occurs. I do agree there are some adjusters out there who are stubborn…but I’m thinking those are probably “independent adjusters” working for various carriers at the same time and are overtaxed….at least that is what I have witnessed out in the field…
Sorry to inform you J, but there are just as many “stupid” agents out there as there are “hard headed” adjusters. That’s why they have agent’s E&O.
After 24 years in the claims business, my experience has been that, for some reason, agents seem to have a more difficult time getting their claims settled than almost any other profession, with the exception of clergy, police officers, military officers (retired the worst), and politicians.
I’m an adjuster fresh back from Florida. Literally tens of thousands of us desecded on Florida. 99.99% are experienced adjusters. The “hard headed” adjusters are quickly weeded out and sent packing. The insurance companies don’t need the grief.
We all use various computer estimating programs developed by the construction and auto repair industries. They set the prices. The insurance industry sets insurance costs, not repair and construction costs.
Sounds like this lawyer is saying it’s USAA’s fault the he refused to buy the flood insurance that USAA offered? USAA knows what properties are in a flood zone and would receive commission and handling fees for selling a flood policy. Under federal law, USAA cannot refuse to sell flood insurance. The attorney must have paid cash for his water-front mansion, otherwise the mortgage company would have insisted on a flood policy.
This so-called ambulance chaser sounds like a real “Bottom Feeder!”
Flood Ins. is a federal program, not regulated by states. We have a fast-track arbitration process for settling differences between, HO, flood and wind coverages so the policyholder isn’t caught in the middle. When a policyholder buys full coverage, then it’s no longer his problem which policy should respond.
USAA is usually ranked among the top five insurers in terms of customer service. I’ve never worked for USAA!
Mark, you can not be that stupid and be an agent!
Mark, you can not be that stupid and be an agent!
Lawyers promote stupidity and personal irresponsibility in society by suggesting that someone else is always to blame. I would like to know if the claimant read his policy and if he understood it, the Declaration page clearly states “THIS POLICY DOES NOT COVER LOSSES RELATED TO FLOOD DAMAGE” he does not even need to read past the Dec page to see there is NO FLOOD coverage. If this were a “low risk” zone a preferred risk policy would be available at a greatly reduced cost, but consumers WON’T buy insurance that is not required, Unless you show them pictures and tell them horror stories they will keep their dollars in their pockets and not protect their homes. I have offered additional incentives to the agents in my office to sell Preferred risk flood policies and only about 2% of consumers even let you get past the part about it being an option. I can see it now,”Agent arrested for SLIDING flood insurance”. As far a USAA, It looks like there is NO agent to blame, but it goes a long way in the “you get what you pay for” fight. If you don’t buy from an agent that knows what you should buy and offers the options that are available, then you better be educated in policy provisions when you call that 800 number and don’t blame anyone but yourself when you don’t get everything you need. Better yet, file suit against YOURSELF, because you were the idiot that bought the coverage from someone you can’t even see and certainly will never talk to again after the sale. I can’t wait until an attorney files the first suit against a direct writer insisting that the consumer would have received better service and advise from an agent that has no connection with the company instead of a company employee on the 800#.
We have a lot of problems with Realtors- they are the ones telling these insured they dont need flood insurance- are they being sued? No just like someone else said the mortgage comp nor the closing agent are in question here. Yes there are agents out there they may let slide but they are making money if sold so why would they? Flood insurance is offered in EVERY quote here in any office I have ever been in & we do have a rejection form for them to sign. 80% of people that come into our office is in a hyrry & dont care they want there closing cost cheep until there is an issue like this one them bam- let’s blames the agent b/c “I was in a hurry that day, I wanted the least cost possible due to closing, I did not READ my policy or want to understand what I was buying” but yep that is society these days- so freaking SUE happy
Did you call the company to make sure they received the estimate? Even so, sometimes desk adjusters are moving thru so fast they look only at their adjuster’s report.
Realtors can be a problem. One realtor here closed a home with a homeowner without finishing insurance paperwork. Thats where E&O steps in.
Agents on the whole are genuinely concerned for insureds. There are a few bad apples that ruin it for the rest. Most of the time they are guilty of ducking coverage questions during a claim. E&O takes care of the rest.
The real injustice is that no insurance companies have a system for this magnitude of an event. Even insureds that are proactive but aren’t given proper direction because random people end up on the phones. Instead of proving paperwork and regulalry calling their insurance company to check their claim, they hire a lawyer or PA and lose 10 to 33% of their money.
I agree with everyone who says that it’s the in client’s responiblity to READ and UNDERSTAND what they are purchasing. I can spend all day explaing their coverage , what is covers and doesn’t, and still they don’t get it. In my office flood insurance is not a big deal as we are inland and the chance of a flood is very slim. However people assume insurance pays for EVERYTHING. Even when I explain that liability in auto insurance pays in the event YOU cause to damage to someone’s property, and not much else, that same client will come to me and say that he was hit n ran…when i explain their is no coverage but he wantd the cheapest with no frills, in a sarcastic tone say, “Then why do I have insurance? I could on on about people I deal with on a daily basis. When do the client’s take respobility?
I don’t know sho is worse, the greedy lawyer who is just looking for money (and not the consumer advocate champion he portrays himself to be) or the greedy insurance company who has downsized so many of the quality adjusters and got rid of the stupid agents in favor o f the less expensive “800” number (for faster customer service, not better) or worse yet the dreaded “internet”, where there is nohuman interaction at all.
The money saved by the insurance company in staff reductions, even though our staffing models said we needed more staff, is going out the back door in payments to settle these type BS suits. The claimant will be lucky to see any money, at most 35% after costs and fees. But, you can bet the policyholder will be paying 100% of the new increased premiums. And…it starts all over again…….to be continued.
I agree with Old Cat Man 100%……From what I heard, USAA is not the same on the claims end as it used to be……
Lisa.. Just curious to know what you have done as an adjuster: have you tried to get involved in changing things if the insurance companies are so bad and further more are you a public adjuster or work for a company. You sound like the people who complain about the government or politics but dont vote to try to make a change. Have you taken any action towards an insurance company if you have seen so much wrong doing? If you have then I applaude you but if not then dont critize something you take part in everyday.
Amen to this attorney! Insurance companies are out of control with not paying claims or not educating their consumers about what is covered. I have talked the agents that have no idea what is even covered under the policies they sell. We need more attorneys and public adjusters helping consumers get what is rightfully covered and not be undercut or denied on their claims. USAA is a terrible company. I had a claim for a shower pan that failed and caused damage to the lower floor of my townhouse. I understood the shower pan was not covered, but the damage resulting from the shower pan failure was. USAA sent out a “handyman” and then an engineer to deny the claim. I had to fight and 10 months later they paid approximately $4500. They spent that much on the “experts” trying to deny the claim. Sad but true!
I don’t think that you should have even been paid for the damages from the shower pan because in my opinion that really was a maintanence issue. What caused it to fall? I feel that consumers should take a class in what a homeowners policy covers because in all honesty I feel as 90% of all of you are either dumb or conveniently naive when need be. As for PUBLIC ADJUSTERS HA!!! Do you have any clue in how they really make their money? They are not interested in resolving your matter because they know the more they get out of the company the more they make which is usually no less than 10% of the claim. It is so easy to always blame someone else for your lack of asking questions or assuming that the responsibilities belong to someone else when in all reality it is YOUR responsibilities to know what you need and want. I for one do educate the consumer as an agent and many times this is what the consumer(s) says I just want the cheapest insurance until they have a loss.Then all of sudden everything changes. Oh yeah, dont complain when homeowners policies rate go up. It amazes me, I am 30 yrs old and for the 12 years I have handled my own insurance policy and have always asked questions if I didnt understand or didnt know what I had. People PLEASE grow up and take responsibilities for your needs and lack of.
I don’t think that you should have even been paid for the damages from the shower pan because in my opinion that really was a maintanence issue. What caused it to fall? I feel that consumers should take a class in what a homeowners policy covers because in all honesty I feel as 90% of all of you are either dumb or conveniently naive when need be. As for PUBLIC ADJUSTERS HA!!! Do you have any clue in how they really make their money? They are not interested in resolving your matter because they know the more they get out of the company the more they make which is usually no less than 10% of the claim. It is so easy to always blame someone else for your lack of asking questions or assuming that the responsibilities belong to someone else when in all reality it is YOUR responsibilities to know what you need and want. I for one do educate the consumer as an agent and many times this is what the consumer(s) says I just want the cheapest insurance until they have a loss.Then all of sudden everything changes. Oh yeah, dont complain when homeowners policies rate go up. It amazes me, I am 30 yrs old and for the 12 years I have handled my own insurance policy and have always asked questions if I didnt understand or didnt know what I had. People PLEASE grow up and take responsibilities for your needs and lack of.
I can only hope that USAA can produce a signed rejection of flood coverage form from Bearman’s client. Stick that feather in your cap Bearman.
Agents, don’t let yourselves become the next Bearman victim, get signed rejection of coverage forms.
What do you call 50 lawyers at the bottom of the ocean?
A good start!
WHAT DO YOU CALL A GROUP OF ATTORNEYS THAT SKYDIVE??? SKEET…… :)
What is the difference between a catfish and a lawyer.
One is a bottom feeding scumsucker and the other is a fish.
Insurance is a negative business and one I am not really happy to be a part of. I am an adjuster and see so much wrong the the system. Most agents do not have a clue about what exactly is covered under the policies they are selling. State Farm agents of old were people from the community that did not have any insurance background but wanted to be an agent and were given an agency. State Farm now requires new agents to be from within the company. You have to go through a grueling interview and education process before you are given the opportunity to own an agency. This is good because you are better able to educate the consumer about what is covered and what you are selling. There are consumers that come in and ask for the “cheapest” coverage not realizing that sometimes for just a few dollars more they have better coverage and peace of mind.
Flood insurance is very affordable when you live in a non flood zone area. I live in a non flood zone area and pay very little compared to someone that lives in a flood zone. I live in Florida and feel that most of Florida is swamp or coastal so it is a good idea even if it is not a flood zone to buy flood insurance.
Insurance companies for the most part are the devil. They charge premiums but when it comes time to pay they look for ways to not. Take depreciation for example – adjusters hold back depreciation with the expectation that insureds will not come back for it and studies have shown that only 30 percent of the policyholder come back for the depreciation or understand how to. It is just another way for insurance companies to not pay for what they owe. Also, when a premium is due the insurance company will send a notice and cancel you if you don’t pay within the alloted time, but if you file a claim and it takes the insurance company 2 months to do the inspection there is no penalty. There is certainly something wrong with the system. I am a homeowner and if I had a claim I would expect someone out there in a timely manner not 2 months later. Also, you can have an inspection done and then the file get reassigned to someone else and you start all over again. I think there should be a penalty or something against insurance companies that allow this to happen.
The entire insurance industry is twisted and wrong. I love to hear when an attorney sues and wins big because of the bad behavior of the insurance company. There isn’t one better than the other – THEY ALL SUCK!
We need more attorneys and public adjusters to hold insurance companies accountable.
Aly – I am a independent adjuster and work for many insurance companies. The way I have tried to make a difference is to take care of the policyholder when adjusting their claim – fairly and professionally. I adjust the claim as I were doing it for my mother, sister, grandmother, etc. I pride myself in learning about construction, estimating, computers programs, etc. I do whatever I can to help the policyholder.
Trying to get insurance companies to change their ways is almost impossible because of the brainwashing that is done to the employees. I once was an employee of a major insurance company(their colors are red and white)and in a meeting a supervisor stated to not pay too much on the claims because then our 401K would not be matched. I told another supervisor what was said in the meeting and I was the one that I should not get involved and forget what I heard.
I do vote and I am a proud American. I do feel my vote does make a difference and I feel my actions do too. I like to treat people the way I would want to be treated in the same situation.
The reason I praise attorneys and public adjusters is because I see that they are able in some way to punish the insurance companies for their wrong doings. You hear about class action suits all the time and insurance companies having to pay big. It seems it is the only way to get “Big Corporate Giants” to listen.
Aly – I am a independent adjuster and work for many insurance companies. The way I have tried to make a difference is to take care of the policyholder when adjusting their claim – fairly and professionally. I adjust the claim as I were doing it for my mother, sister, grandmother, etc. I pride myself in learning about construction, estimating, computers programs, etc. I do whatever I can to help the policyholder.
Trying to get insurance companies to change their ways is almost impossible because of the brainwashing that is done to the employees. I once was an employee of a major insurance company(their colors are red and white)and in a meeting a supervisor stated to not pay too much on the claims because then our 401K would not be matched. I told another supervisor what was said in the meeting and I was the one that I should not get involved and forget what I heard.
I do vote and I am a proud American. I do feel my vote does make a difference and I feel my actions do too. I like to treat people the way I would want to be treated in the same situation.
The reason I praise attorneys and public adjusters is because I see that they are able in some way to punish the insurance companies for their wrong doings. You hear about class action suits all the time and insurance companies having to pay big. It seems it is the only way to get “Big Corporate Giants” to listen.
Sounds like Lisa really is unhappy with the industry, and upset that claims are not handled in a timely manner. I wonder if Lisa has done any claims in Florida or any other state affected by The 4 hurricanes. And if she has settled all of the claims assigned to her in a “reasonable time period”, having dealt with hundreds of adjustors from the storm claims I can only suggest that they don’t train most adjustors very well in anything, especially out of state adjustors. They have lied to every customer about the time involved to get the paperwork to the companies, they are to scared to tell the insureds that they wont get around to it for an average of 3-4 weeks. I understand they are busy but MOST are not honest and not very knowledgable about adjusting Florida claims. Values are differnet here than they are in Alabama, Texas, Montana, etc. Construction costs and building values have went thru the roof in the last 2 years and now a materials shortage makes it worse. You see, there are bad agents out there and yes bad companies, but we have sure seen more than our share of BAD adjustors, and the public adjustors will NEVER get an insured more money than they are due. Insurance companies have responded only as well as the adjustors have. The sad fact is that 90% of the claims in Florida are handled by independant adjustors like Lisa and the bottle neck starts there. If you cant adjust fairly and efficently, we don’t need you here. It is a joke at how many insureds think the insurance companies are to blame for the delays in getting checks out, and they praise the adjustors because they were friendly and spent a lot of time with the client ((1 hour) and found additional roof damage that the insured did not know about and they talked about their family and dogs, but when they come into the agents office to blast us about the 2 months delay, we call into the company to find out that the precious friendly adjustor has still not turned in the paper work 6 weeks after being at the home. I say this as an agent that has dealt with this dozens of times with clients and personally on MY claim. Mine was even worse, because I had done the adjusting work myself, measured, had diagrams, photos and everything on a cd ready to upload and it took 5 weeks to get him to complete my claim and only 4 days for the carrier to send the check once they had his paperwork. The current problems in Florida are because adjusting companies can’t handle the mass number of claims and they are taking any out of state humanoid and giving them a job, and they are not experienced in dealing with catastrophie situations. Logistics are a big part of the problem. Most companies are paying based on what the adjustors report says, if it is 40% higher than it should be they are sending the money anyway, if it is 40% less thats what they are sending, it is expected that the adjustors know what they are doing and it is clear that they don’t. It will seem that I have directed this to all or MOST adjustors as Lisa did in her statement that MOST agents are clueless about coverages. Lisa may indeed be a good person and a good caring adjustor that treats her clients good, but her fellow adjustors dont portray that same good quality. If lisa did care so much she would be happy to be in the insurance industry and not refer to it as a negative business, we are here to help people, and next to agents the adjustors are the next person the client ever sees, it is crucial that you like what you do and do it to the best of your ability.
AMEN, BROTHER. I WAS AN INSURANCE COMPANY ADJUSTER FOR OVER 20 YEARS, AND HAVE WORKED MANY CATS. I AM NOW AN AGENT. I CAN SEE THE ISSUE FROM BOTH SIDES. BEING A CAT ADJUSTER IS TOUGH & BEING A GOOD DECENT RESPONSIBLE AGENT IS NO CAKEWALK EITHER. BUT IF YOU DON’T ENJOY THE CHALLENGES OF YOUR CHOSEN PROFESSION, THEN YOU NEED TO THINK ABOUT A NEW CAREER. BUT THE REWARDS THAT COME FROM BEING ABLE TO HELP YOUR INSUREDS PIECE BACK THEIR LIVES, WHEN THEIR LIVES HAVE BEEN GREATLY IMPCTED, WHETHER IT BE A CAT OR AUTO ACCIDENT OR EVEN A DEATH, ARE ENORMOUS. I WOULDN’T TRADE THE THANK YOU I RECEIVE FROM MY INSUREDS AFTER A CLAIM IS HANDLED FOR ANYTHING.
I have never been in an adjusters shoes but as an agent I know it is a difficult job to handle or deal with an irate client. After all they just suffer a loss and in a CAT as normal human beings we tend to forget that we arent the only ones with losses. This hurricane season was obviously a very weird one that caused great damaged and our state wasnt prepared to deal with such losses and actually I dont really think you can ever be ready. You can improve the preparation methods and that we all as a state have done in many ways. There are times that this field can be overwhelming but I must agree with John you must love what you do because it is the passion in what you do that helps others and making that change that helps you as an agent or adjuster to move forward to help the next one. If you are negative about it you can only bring negative to it. Lisa mentions how she was asked not to say anything after a meeting but I ask why she didnt. I know one person cant change the world but one person can open the doors to have others join and help make any necessary changes ad differences. Insurance companies are no angels but they are no devils either. You will always have a happy and unhappy camper and that is just the fact of life. Tomato….Tomatoe…
Lisa, Lisa, Lisa. I am sure along the way a claim was handled such that things did not go well. However, you know someting, it is not worth the hassel!!!!!! Take care and good luck!
Lisa sems to be giving misinformation or lying, the problem is that her numbers for complaints and mediations are false. According to the Fl Dept of Financial Services there has been 4152 complaints filed and only 342 mediations requested. They have taken over 30,000 phone calls but not all were complaints. and by the way the Fl. CFO, Tom Gallagher,was interviewed on the news this week regarding a guy who was injured when a neighbors roof blew off during hurricane charley and it blew about 400 feet into the another house. The debris injured a man inside the home that was hit and he had a pretty serious gash on his leg. He has medical insurance but tried to file a claim against his neighbor for injuries. The company responded with a denial stating that the hurricane was “An act of God” and that their insured was not at fault. the claimant then filed a complaint with the Dept and the news crew interviewed Tom Gallagher. His response was ” I hope he gets a good lawyer and they find somebody negligent because somebody needs to take care of this guy”
Mr Gallagher you are an problem that this industry can not tolerate, If you really think it is a good thing for someone to sue because 140 mph winds blow off a roof and that somehow the homeowner or their insurance company is responsible, you have not read your insurance policy and have no reason to be stating crap like this. I have a copy of the video and can’t believe anyone in the industry, even Lisa, is dumb enough to make a statment like that.
Wink Tv Channel 11 Monday 11/15/2004 6:00 evening news Story by Chris Chiffati
OKAY OKAY………..
NOW IF YOU WOULD STOP WASTING YOUR TIME ON PROPAGANDA, GET OFF OF THE INTERNET AND DO YOUR J.O.B. AND SERVICE YOUR ACCOUNTS THERE WOULD BE NO DISCUSSION!!!!!!!!!!!
What Mr. Berman will accomplish for the citizens of Floria in his “holy quest for the $” is just that, with the value added outcome of much higher premiums and more coverage exclusions. Hurray for trial lawyers !!
Lisa,
It is nearly impossible to follow you logic. If the insurance companies are the devil, then that makes you a hypocrite of the worst stripe. Taking depreciation from a claim settlement is “paying what you owe”. If the client CHOOSES to replace/repair their damaged items, then they will receive those RC benefits. From reading your posts, I certainly hope that my company fired your goofy rear and that you aren’t working any of our claims. Enjoy the rest of your day in la-la land.
To all of you that think insurance companies are great, pay what they owe, and take care of their policyholders – I hope you never have an insurance claim because you will see for yourself what it is all about. I doubt that those defending the insurance company have ever had an insurance claim. Working as an independent adjuster, I feel like Robin Hood. I take for the rich insurance company and help the little guy. I always make sure that they are well taken care of. Depreciation is a joke. I take as little as possible because to get the depreciation back you have to spend the money you are given and then some out of your own pocket. Most people don’t have unlimited funds to be able to pay and wait for months to be reimbursed. With all the hurricane claims in Florida, people are waiting months to receive their first check and will have to wait months to receive their RC Benefits check. Get real and put yourself in the position of people that are working class and live paycheck to paycheck.
Lisa,
I can not spend any more time with you….I must go to work in an industry that does great things for people who have suffered a loss. I must re-double my efforts to educate a public that is poisoned by the stupidity that you and those who think like you spread on a daily basis. Enjoy your paycheck, hypocrite.
This attorney is a joke, he is out for a buck and could care less about where his clients end up. If I read Lisa’s note correctly she is an indep adj. I am a company adjuster and to read her comments makes me wonder what she is thinking about? Possibly she would rather the industry bump premiums by 10 fold or so so everyone could get RC coverage. Frankly, it is amazing, I don’t believe she is an indep adj., the person who wrote those comments are clueless!!!!
For starters, all of these folks know next summer hurricanes will hit again, will anyone leave? NO, they will build again.
This is a complete joke. Everyone who is complaining about insurance companies are the same folks who think legal liabilty is a term which defines!!!!!! They don’t understand legal liab, they don’t even know what Cov A is for, they never have even read their policy. An Agent could tell most insurd’s anything today, but tomorrow they will have forgotten.
This attorney is going after the money, not the remedy, I wonder why???????/
For starters, all of these folks know next summer hurricanes will hit again, will anyone leave? NO, they will build again.
This is a complete joke. Everyone who is complaining about insurance companies are the same folks who think legal liabilty is a term which defines!!!!!! They don’t understand legal liab, they don’t even know what Cov A is for, they never have even read their policy. An Agent could tell most insurd’s anything today, but tomorrow they will have forgotten.
This attorney is going after the money, not the remedy, I wonder why???????/
Jadubya – Great for you on educating people about insurance and trying to help those in need. I definately am when it comes to handling their claim and making sure they get what they deserve. Over 1.5 million claims have been filed with the 4 Florida hurricanes and over 80,000 complaints/mediations have been filed due to underpayment and mishandling of the claim. If you don’t believe my you can log onto the Florida Department of Insurace website where Insurance Commissioner Gallagher talks about it. That is a very large number and I think if the system was working and policyholders were being taken care of by adjusters(company or independent) then the number of complaints would be much smaller. Thank God consumers have 5 years to mediate and sue if need be to protect their rights. Insurance companies love to receive premiums, but they hate to pay. I certainly feel like Robin Hood when I am out in the field helping those that have and are suffering one of the worst times of their lives.
I’m beginning to think “Lisa” is really Mr. Bearman in DISGUISE!!!!!! She sounds like she has a chip on her shoulder about the industry…either that or she is a bad faith attorney who has gone “undercover” to work for the insurance industry….Hmmmmm……I don’t even know how she can hold her job with that kind of attitude….I wonder what her management would say if they received copies of these comments……
Lisa, I applaud you for your altruistic intentions; however, don’t forget about all those insureds who capitalize on the industry and submit fraudulent or exaggerated, padded claims…..We are not here to OVERINDEMNIFY anyone…read your policy contract
I’m beginning to think “Lisa” is really Mr. Bearman in DISGUISE!!!!!! She sounds like she has a chip on her shoulder about the industry…either that or she is a bad faith attorney who has gone “undercover” to work for the insurance industry….Hmmmmm……I don’t even know how she can hold her job with that kind of attitude….I wonder what her management would say if they received copies of these comments……
Lisa, I applaud you for your altruistic intentions; however, don’t forget about all those insureds who capitalize on the industry and submit fraudulent or exaggerated, padded claims…..We are not here to OVERINDEMNIFY anyone…read your policy contract
Lisa, the extra money that the insured has to come up with when they have a claim is called the deductible. Not an uncommon provision in a policy, but what do I know I am just an old underwriter.
If the FL Insurance Comm in fact made a statement that due to 140 m.p.h winds one would be negligent, then the FL Insd comm is one of the dumbest Insurance prof I know, and he is the leader in this regard in FL. No wonder folks like Lisa are allowed to exist. It truly is amazing.
Why does not the FL Insd Comm simply pay the injured party out of his own pocket if he feels so badly. Would the Fl Ins Comm feel as negligent if it was his roof and he had no HO coverage??????
I am so happy I don’t live in FL or anywhere next to Lisa! Thanks GOD!
In order for a H.O. policy to pay a 3rd party claim under the liability section of the policy, the 4 elements of negligence would have to be addressed….i.e. duty owed, duty breached, etc….an act of God is not an act of negligence on the neighbor’s part (neighbor’s roof blowing into claimant’s house). However, I think the real question is, WHAT THE HELL WAS HE STILL DOING IN THE HOUSE WITH 140 MPH WINDS?…..Why didn’t he EVACUATE? There were warnings! Again, some people have a tendency to look for the “deep pockets” because they are taking advantage of the sympathy out there for a true loss….however, insurance companies are not non-profit organizations.
Maria could not have been any clearer. Lisa, how did you get your adj. license? in a cracker jack box?
Lisa… just curious to know… did you get your adjusting license in a Cracker Jack box? I dont think you really understand your job very well and must also tell you as I previously wrote to you that if you see so much wrong doing then why dont you do something about it instead of complaining about it. As for being Robin Hood well you really need to remember that the insurance companies are out to make a profit as well as you go out to work to make money. I feel most claims are handled pretty well but understand that nothing is perfect. Oh yeah you really should reconsider your profession because I feel you are really doing more harm than good not to really say that what your doing is really unethical because if you are being bias and leaning towards the insureds out of spite to the insurance company I feel I could easily say that you are basically stealing….. THINK ABOUT WHAT YOUR DOING WISELY!!!!
Lisa, I wonder if you have as much courage as you have brains. Please call me and identify yourself. My home phone is 603-456-2808. Please call me, I want to speak with you to make sure you are not a dog or cow, or even possibly worse, a moron!. You won’t call though, will you!
Okay, Paul and Aly W., its getting a little nasty and personal now.
While I agree that this individual may be way off the mark in her attitudes and work ethic/philosophy, maybe the responses from the two of you should be close to what you want her to be; constructive, objective, and, oh yeah, professional.
Mr. Chris…..
I have not disrespected her in anyway. I am simply calling it out as it is. I have not called Lisa any names but if she is doing what she implies doing then reality is that is STEALING and furthermore if she isnt happy then she should find a career that does make her happy because with such negative feelings it can only do harm not good. So Mr. Chris thank you for your observation in this website but please note and know what being nasty is really all about.
Mr. Chris…..
I have not disrespected her in anyway. I am simply calling it out as it is. I have not called Lisa any names but if she is doing what she implies doing then reality is that is STEALING and furthermore if she isnt happy then she should find a career that does make her happy because with such negative feelings it can only do harm not good. So Mr. Chris thank you for your observation in this website but please note and know what being nasty is really all about.
Aly,
You publicly questioned whether the woman got her license from a cracker jack box. Are you trying to tell me that was that nice? Professional? Constructive? Objective?
Chris,
Althouth it was a sacrastic comment it wasnt being disrespectful just bluntly honest and I really this is a place to post comment so please dont take it so personal otherwise you shouldnt be reading this…. Have a great day Chris and your observation has been noted.
PEOPLE- WE NEED TO REMEMBER THAT THIS IS AMERICA. WE EACH HAVE THE RIGHT TO EXPRESS OUR OWN OPINION. WE MAY NOT AGREE WITH EACH OTHER, BUT EACH ONE OF US DO HAVE A RIGHT TO EXPRESS OUR THOUGHTS. I BELIEVE THAT WE SHOULD KEEP THIS OPEN FORUM PROFESSIONAL AND RESPECTFUL. THERE IS NO NEED FOR OR ANY VALUE IN PERSONAL ATTACKS OR VINDICTIVENESS. I DON’T AGREE WITH LISA, BUT AFTER ALL, SHE DOES HAVE THE RIGHT TO EXPRESS HERSELF. BUT, I MUST STATE FOR THE RECORD, THAT I BELIEVE SHE IS IN THE WRONG PROFESSION & THAT SHE SHOULD STRONGLY CONSIDER A CAREER CHANGE.
Hurricane Isabel hit Maryland 14 months
ago. There are people with full coverage
still living in FEMA trailers. The stress
is terrible. Knowing you had plenty of
coverage and yet only receiving pennies.
See the site http://www.femainfo.us This site
was started by Steve Kanstoroom, a retired
fraud intestigator.
“…should have advised his clients of the availability of, and reasonable need to purchase, flood insurance.”
So now the insurance industry is not only obligated to completely indemnify insureds, but it must also completely think for them too??!!
Being so “down” on adjusting, and still doing it, reminds me of the story of the lady stranded on a desert island with two men. After a few weeks she became so ashamed of what she was doing she killed herself. After another few weeks the men became so ashamed of what they were doing they buried her.
I have adjusted property for 36 yrs. and have yet done anything I was ashamed of with an insured, or company. There have been some things I have refused to do.
I spent 28 years in the construction industry and 5 years as a full service agent before becoming an independent claim rep 10+ years ago.
In the past 10 years, I have worked almost exclusively for State Farm from one side of this great nation to the other.
It has always been understood that it was not our job to deny claims, but to look for ways to find coverage.
State Farm’s philosphy has always been to pay what we owe, but not more than we owe.
Let’s not forget that an insurance policy is a contract. As with all contracts, there are terms and conditions. One of these is the settlement provision, which clearly states that the settlement is ACV until such time as the expenditure is incurred or a contract signed.
Judging from your statements and my own experience, I doubt very seriously that you were ever an employee of State Farm or any other major carrier.
What is up the lawyer’s sleeve. You get what you pay. Finley got the coverage they paid for. If they wanted coverage for the windstorm, they could have gone to the pool but did not, not willing to pay the extra premium.
It looks anything that goes wrong is the fault of the insurance industry. Then there is bad faith issue, non disclosure etc., etc. why are not there such legislation as covering the full defence cost if plaintiff lose?
10 years adjusting auto and property claims I have noticed a steady decrease in what the insurers are willing to pay, a steady increase in denials and micro management cutting estimates. I love the television Commercials about insurance fraud “inflating claims is fraud”. Insurers “deflate” claims on a daily basis – this is also fraud, but the insurers say deflation is an adjuster error, a poorly traned adjuster. I remember the training I sat through which focused on reducing average claims payout. One carrier manager actually told us to reduce average claims payout by 25% and every one woud receive a gain share bonus. That is bad faith and fraud!!!
HEY – I GOT A GREAT IDEA. JUST DO AWAY WITH ALL OF THOSE EVIL INSURANCE COMPANIES, AND EVERYONE CAN SELF INSURE. THAT WAY WE HAVE NO ONE TO BLAME BUT OURSELVES.
Bubba has shown us the light !
THANKS SUPERJUSTER. I GUESS US GOOD OLE BOYS GET SOMETHING RIGHT ONCE IN A WHILEE !!! LOL :)
I’ve spent the past ten years in the insurance industry,in varying positions and with varying roles. The one thing that fails to change in this industry are the generalizations made from both sides of the fence – the consumer’s side and the insurance company’s side.
Yes, there are many examples of insurance companies who aren’t expeditious with their handling of claims…and some, unfortunately, who are downright dishonest.
However, there are many insurance companies who work hard and apply extreme diligence in ensuring the consumer receives what is owed and that the promise of the insurance contract is fulfilled.
The same exists however on that “other side of the fence.” Though the majority of all policyholders operate in good faith, there are those with moral and/or morale issues that result in claims of a padded and fraudulent nature.
In the end, regardless of the masses of legislation and lawsuits introduced, the variables that make up the landscape of insurance will continue to exist…at least to some degree.
My only hope is that one day we could all – consumers and insurers alike – stop the generalizations and the across-the-board bashings and instead focus on specifics, working to educate on another as opposed to wreaking havoc and fear.
The adversarial environment this type of behavior creates is simply of no benefit, to either side, regardless of what attorneys, your neighbor, or an insurance company representative might think!
clint –
here! here! i couldn’t of said it better myself. you absolutely hit the nail on the head. unfortunately, we can’t legislate morales or values, no matter how hard we try.
It’s sad to sit here and read the opinion’s of people who know nothing of the case other then the article above. The truth of the matter is that Finley paid for coverage (or what they thought was coverage). If USAA uses 1-800 operators to issue polices instead of agents who are paid, and able to fully advise the client of what they need, then they have no other recourse but to pay out an E&O. It’s easy to sit here an chastise someone for not being informed on something that sounds like a good majority of you do day to day, but odds are Finley probably isn’t an Insurance adjuster or agent. Though I am not a fan of lawsuits, I am a fan of people doing the right thing.
I understand that some people are saying how these people were irrisponsible in not reading their insurance policy, but I actually know these people, how would you feel if you didn’t receive the policy???? How would you feel that the house was only 3months old???? How would you feel being in this family and your partner being 5 months pregnant ripping out carpet, and tearing down drywall? How would you feel?? You can judge people and yet not know the whole story. I understand you are going on what is mentioned in this article but just know or ask about the whole article.
My 100 year old home was damaged by a tornado during hurricane Ivan. My insurance company has fought me every step of the way. They are disputing the extent of the damage, saying all they see is an old house. They refused to accept the one estimate I was able to get after calling 20 contractors. (no one wants to work on an old house) They have now brought in their own contractor with an estimate that is half of mine and they only want to pay 50% of his. Because it’s an older home. The insurance adjuster has been nothing but rude and condescending to me. He stood in my yard and yelled at me and his parting comment one day was that at least we all got out alive and we should be grateful for that. Two of my next door neighbors were killed when an oak tree smashed their home. Believe me, every day we feel for their family and have this on our minds. I have been informed that it is possible that the contractor they sent is related to the insurance adjuster but I need to research that before I can proceed with a complaint. He claims to have made a thorough inspection of the property with his contractor but he didn’t access my attic to see the rafters broken by trees on my roof and he didn’t even measure my fence. He was off by 2 feet on the height which makes a big difference in price. I am a disabled widow with a mortgage and I have no way of repairing this home without my insurance coming through. I never expected to be in this position especially considering where I live. I can not imagine having to deal with as much as some others have had to deal with. I will now begin again the process of documenting the damages and justifying my contractors estimate. I only have 3 more months before my policy comes up for renewal and I am certain that they will refuse to renew it since I had the nerve to file a claim. So everyone should read their policies carefully and assume nothing. I thought I was covered and I am sure most of you think so too.
It is terribly unfortunate that people do not realize that there are many different types of dwelling policies. There are replacement cost policies, ACV policies, etc. I ahve yet to see one that covers flood except a true flood policy or endorsement. In most cases you get what you pay for. As one agent writing in put it so well (and I have used this phrase myself) people want the cheapest policy they can get until they have a loss. As for the unfortunate widow who posted, it is almost impossible to get a full replacement cost policy on a 100 yr. old home and if you could you would have to own the bank to afford it. I advise everyone, ask questions, read your policy, get smart about your insurance, it’s not that hard. Don’t let it be one of those “I’ll read it when I get time” situations. Good Luck all.
We have horrible claim service b/c it takes a lawsuit to actually get something done.