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Home Office: Bloomington, Illinois
Bank®, Bloomington, Illinois, is a member FDIC and Equal
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Farm Bank are not FDIC insured, not a Bank obligation or guaranteed
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Voice of Agriculture - VOA - American Farm Bureau
Tuesday May 14
President Bush signed the
farm bill , formally known as the Farm Security and Rural Investment
Act of 2002, early Monday morning during a brief White House ceremony.
The president said the Farm Bureau-supported measure "will provide
a safety net for farmers, and will do so without encouraging overproduction
and depressing prices."
Statement by AFBF President
Bob Stallman Regarding Passage of the Farm Bill
Comments from
Dick Newpher, Executive Director of the AFBF Washington Office
AFBF Background Information on
the Farm Bill
Farmers Need to Push
for Trade Promotion Authority
The Senate is expected
to start debating TPA this week. Much is at stake for agriculture. To
ensure that the Senate passes this much-needed legislation, Farm Bureau
members should contact their senators and urge prompt passage of TPA.
Coalition
urges prompt Senate passage of TPA.
Click
here to contact your senator.
The Farm Bill is
What Producers Need
With spring planting,
an important cycle of life continues. Farming is the essential living
circle of sowing, nurturing and harvesting. It provides us with food and
many other products. The present reality is, however, that those who keep
the cycle turning, America's food and fiber producers, need government
assistance to continue. That's why the nation's farmers are relieved to
have a farm bill passed by Congress. More>>>
Many
Paths to Achieve Common Goals
Farm Bureau means
different things to different people. After all, there are more than 5
million families who join their local Farm Bureau for one reason or another.
The organization - at the local, state and American level -
is dedicated to improving farmers' lives and livelihoods. More>>>
AFBF Outlines Needed Trade Reforms For U.S. Officials
Because
America's farm and ranch families earn 25 percent of their net farm income
from exports, the ability to win trade reform during upcoming World Trade
Organization negotiations is vital to American agriculture. More>>>
Exchange Rates Affect U.S. Farm Exports
U.S.
farm exports have been shut out of key international markets and some
foreign farm products are stronger competitors in our domestic marketplace
due to the strong value of the U.S. dollar, American Farm Bureau Federation
President Bob Stallman told the Senate Banking Committee. More>>>
Rural
Community Works Together to Offer Internet Access
As more and more people
merge onto the Internet superhighway, some rural residents across America
still find themselves stuck on a virtual frontage road, unable to access
this technology, not because of lack of interest but due to lack of infrastructure
and service options. More>>>
Farm
Bureau Conference Explores Energy Alternatives
In an effort to explore
potential energy alternatives, the American Farm Bureau Federation recently
hosted a conference
to discuss the issues. Titled "The Economics of Energy Production
from Manure, Wind and Biomass," the conference brought together more
than 30 people representing Bureaus, government, utilities,
academics and others involved in energy production. More>>>
May 14 - 7:35AM CT
Bush signs, praises farm bill; it will increase subsidies for raising grain
Rain sends grains, soybeans sharply higher
US Cattlemen Angry Over Beef Imports By McDonald's
The Farmers' Market Food Stamp Program: A Time To Defend New York Farm Bureau Dairy helps Idaho ag industry Idaho Farm Bureau Shedding light on Missouri shiitake mushrooms Missouri Farm Bureau
With the new farm bill approved, what is your level of optimism regarding your economic future as a farmer/rancher?
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April 25, 2002
Farmers Say Federal Farm Payments Necessary
Agriculture Finds Place in Urban Economy
Farmers Can Lessen Dependence on Foreign Oil
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Results from search: http://classifieds.dallasnews.com/realestate/ri/ri.htm
's Renters Insurance
The Dallas Morning News: Title here
"SO WHAT'S THE DEAL WITH RENTER'S INSURANCE?"
The
deal you're getting is a raw one if you don't protect
your valuables with
a renter's policy. Can you really afford to buy everything
you own again? If you can't, then a renter's policy
may be the solution.
Just
because you don't own a home now doesn't mean you don't
need some serious protection for your valuables. Plus,
there are some additional benefits about a renter's
policy you may have not considered.
"O.K.
WHY DO I NEED RENTER'S INSURANCE?"
Because
your personal belongings represent a significant investment
that you don't want to lose.
"BUT
I DON"T HAVE THAT MUCH STUFF."
If
you haven't considered how much your belongings are
worth, it is an eye-opening exercise. The chart below
shows an example of typical personal property replacement
values. Keep in mind this is just an example, your values
may run more or less.
"I GUESS I HAVE MORE STUFF THAN I THOUGHT!"
Now
you can see the value of renter's insurance. Remember,
just because you don't own the place you live in doesn't
mean you don't need protection! The protection that
a renter's policy can provide.
"I"VE
HEARD RENTER"S INSURANCE IS TOO EXPENSIVE."
Hardly.
For just pocket change a day, a renter's policy provides
affordable basic protection and may protect you in case
of a liability lawsuit. Not having renter's coverage
is what you really can't afford.
"BUT
I THINK MY LANDLORD'S INSURANCE COVERS ME."
Ask
yourself again- can you really afford to replace all
your belongings? Normally your landlord's insurance
only covers the dwelling - not your personal belongings
or your liability.
"LIABILITY
INSURANCE - I DON'T NEED THAT, TOO - DO I?"
Yes,
you do. You could be liable for injury to another person
or damage to someone else's property if an incident
occurred within your rented residence. Simply put, your
current and future earnings could be at risk without
liability coverage. Renter's coverage may also provide
legal defense costs and medical payments coverage.
"OK,
I NEED RENTER'S INSURANCE - WHY SHOULD I BUY FROM STATE
FARM?"
There
are several great reasons to buy 's Renter's
Insurance:
1.
Affordability- renter's insurance is remarkably affordable.
2. Flexible- with various coverages and limits, you
can select the coverages that fit your needs.
3. Extraordinary Service- 's agents and
claim representatives will provide the finest customer
service in the industry whenever you need it.
4. Discounts available- you can take advantage of
several discounts, including a multipleline discount
if you purchase your renter's and auto insurance from
, and a home alert discount for having devices
like fire and smoke detectors. Additional discounts
may be available to you later when you purchase homeowner's
coverage from after having had a renter's
policy in force.
"RENTER'S
INSURANCE WITH - I FEEL BETTER ALREADY!"
You'll
sleep better, too. Don't get left out in the cold without
renter's insurance. Contact your local agent
and find out how renter's insurance can
give you the peace of mind you deserve for your valuables
as a renter.
State
Farm Lloyd's Home Office: Dallas, Texas
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insurance, company, news, auto, car, home, life, business, homeowners, renters, investment, financial planning, term life insurance
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Results from search: http://home.sprintmail.com/~k9crew/BadFaithJournal.html
state
The Bad Faith Journal
This
site is not affiliated with Mutual Insurance or any of its subsidiaries
in any way. The opinions are strictly those of the various authors of listed
web sites or those of THE COURTS.
This
site is dedicated to all the people whose LEGITIMATE claims have been unfairly
shorted or denied by THE GOOD NEIGHBOR or any other insurer. The purpose
of this web site is to inform the general public about some of the claims
handling practices of Mutual Insurance, AND to allow victims
to NETWORK with each other, provide encouragement and share experiences.
This
site is part of a growing network of web sites striving to advise consumers
about the unfair claims practices of many different insurance companies.
The author of this web site is not an attorney or insurance industry employee,
but a current VICTIM of 's claims handling practices.
This
site does not purport to give legal advice. Our advice to all victims who
have experienced an unfair denial of a legitimate claim is to seek
a QUALIFIED attorney and to educate themselves as to insurance industry
claims handling practices.
The Insurance
Company official web site: .com
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| About Us
"Definition of a good neighbor; someone to
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BREAKING NEWS!!! insure.com
- Utah Supreme Court slams in $145 million jury award
Court addresses "repeat behavior"
"In reinstating the jury award, the Utah Supreme Court did not mince
words. "For over two decades, set monthly caps and
individually rewarded those insurance adjusters who paid less than
the market value for claims," wrote the four judges of the 4-1
majority ruling. "Agents changed the contents of files, lied to
customers, and committed other dishonest and fraudulent acts in
order to meet financial goals." Quote from insure.com
You must read this case! CampbellvState
FarmSupremeCourt
"In this case, the jury was convinced, and The
evidence shows, that engaged in a widespread pattern of fraud.
Moreover, the evidence of its PP&R scheme demonstrates that
specifically calculated and planned to avoid full payment of claims, regardless
of their validity. Thus, the nature of 's conduct supports the
imposition of a higher than normal punitive damage award."
"26 's wealth is enormous. As the trial
court found, "[t]he evidence indicates that 's surplus increased
from $2.65 billion in 1977 to $25 billion in 1995. Its assets increased
from $6.3 billion in 1977 to $54.75 billion in 1995, at an average increase
of $4.3 million per working day in surplus, and $9.3million per working
day in assets. . . . A punitive damages award equal to one percent of State
Farm's wealthwould be $547.5 million. The remitted amount of $25 million
in punitive damages represents less that 1/20th of one percent of State
Farm's wealth (.0457 per cent)." Moreover, the jury's punitive damage award
of $145 million is only 0.26 of one percent of 's wealth as computed
by the trial court, to whose judgment on this factual matter we defer.
In our view, neither percentage is unreasonable, given the need to sufficiently
deter and punish ."
Judge
Bohling- Campbell v. , Utah:
"
has sold as its product, peace of mind, using an advertising slogan which
promises that consumers can count on it to act "Like a good neighbor."
But as the trial proceeded, it
became a matter of plain evidence that 's corporate policies
involve betraying the trust that it invites its policyholders to place
in it....."
"The jury could easily find from the
evidence that 's claims-handling
practices are predicated on exploiting the trust placed in it by
its policyholders .... "
"And it certainly appears
to the Court that pursues an official policy established to
encourage such wrongful denial of benefits where believes it
can successfully be accomplished."
The
Salt Lake Tribune -- Suit Hits High Court
State
Farm: What's Happening to the Good Neighbor? Business Week Article
Former
attorneys sue over unethical practices in Utah
What is "Bad Faith"?
Bad Faith is the insurer's deliberate attempt to
unreasonably delay or deny payment of legitimate policy benefits.
..in order to make out a prima
facie case for bad faith handling of a
first-party insurance claim, the
plaintiff must establish the insurer
intentionally and unreasonably
denied or delayed payment on a claim and as a result of the insurer's conduct,
the plaintiff was harmed in a way not fully compensable in contract.
[T]he insured must show the insurer "intentionally and
unreasonably denies or delays payment." An insurer
does not act in bad faith when it challenges the
validity of a "fairly debatable" claim, or when its
delay results from honest mistakes."
(Idaho Supreme Court opinion Robinson
v. citing
White, 730 P.2d at 1018)
Consumer TIP: If you have a
claim, any kind of claim, DOCUMENT EVERYTHING, in writing, FROM THE
START- write letters- send the letters via certified, return receipt mail-
do not rely on verbal communications EVER!
The
Letters by Specific Policy
Insurance Adjusters and the practice of shorting
or lowballing claims
Many insurance companies reward adjusters
who maintain the lowest claim payouts. The actual value of your claim may
not matter to the adjuster!
insure.com
- Insurance adjusters rewarded for shrinking claims checks
insure.com
- read the words of a former Adjuster
Depreciation scams: InsuranceJustice.com
| Other Bad Companies
Understanding
The Claims Adjuster
Actual
Cash Value v. Replacement Cost Coverage
insure.com
Replacement cost policies for your home: Getting what you pay for
& RICO - Racketeer Influenced
& Corrupt Organizations Act
US
Code : Title 18, Section 1961
Merritt
v. : 544 S.E.2d 180 Georgia
Court of Appeals allowed the plaintiff to
proceed with RICO claims against .
Merritt sued Mutual Automobile Insurance
Company and Fire & Casualty Company
()
for fraud, misrepresentation, false swearing,
and violations of the
Racketeering Influenced Corrupt Organizations
Act (RICO),
claiming that the insurance company failed to
disclose the
existence of a $1 million umbrella policy until
after she had settled
for what she thought were policy limits of $250,000.
WRF Discussion of Merritt v.
Another RICO case against CASE
DIARY ON: HAMMEL V.
Fraud in Court
hall
of shame - insurance company bad faith law resources and information
- in Cas. Co. v. Taylor, 54 Cal.App.4th 625
(1997) the California Court of Appeal upheld the criminal fraud
exception to attorney-client communications between 's
claim handlers and 's attorneys. The case involves
allegations that forged signatures on applications for
earthquake insurance. The court noted that "the declaration of
Samantha Boyd established that in 1990 adopted a
policy of destroying potentially relevant documents to avoid
producing them in bad faith actions." Id. at 647. The court also
reviewed the testimony of Amy Zuniga, a claims specialist, who was
advised by a senior executive "that witnesses should not
admit that forgeries happen, unless and until they are compelled to
do so by a court order." Id., at 648.
Amy
Zuniga's Declaration
Taylor
v. 54 Cal.App.4th 625
Former
attorneys sue over unethical practices in Utah
State
Farm target of $9.6 million judgment over medical review
( Excerpt from above
article-click on link to get the whole article.)
appealed the jury's decision, saying
that the punitive damage award was "grossly excessive" and
"in violation of Idaho and the United States Constitutions."
However, the Supreme Court wrote in its decision
that 's claims handling review policies were designed to "increase
profits by reducing costs using biased paper reviews, and by inducing lower
settlements through denial or delay of claims. Such conduct is particularly
egregious in a first party insurance relationship, where the insured
has purchased insurance for his or her own protection and peace of
mind," the court wrote. "
State
Farm under nationwide scrutiny for its medical claims-handling practices
Washington
policyholders sue over medical coverage
Supreme
Court rules on insurance bad faith
Congress
promises hearings as states begin investigation
NAIC
's "Paper Review" Focus of Nationally Coordinated Exam
i nsure.com
- Insurance adjusters rewarded for shrinking claims checks
CINDY
ROBINSON, Plaintiff - Respondent, v. MUTUAL AUTOMOBILE
INSURANCE COMPANY, Defendant - Appellant. Docket No. 24952.
Supreme Court of Idaho, Boise, Filed: December 28, 2000.
Welcome
to Bad Faith Law - Robinson Vs Insurance Memorandum Opinion AUgust
7, 1999
Robinson
v. December 28, 2000
"At trial, evidence was presented indicating that 's denial of
Robinson's claim was unreasonable. Evidence was also presented indicating
that 's claims handling policies were designed to increase
profits by reducing costs using biased paper reviews, and by inducing
lower settlements through denial or delay of claims. Refusing to pay, or
delaying payment on a claim that a reasonable person would say was due
rises high on the scale of reprehensibility. Compare Walston at 222, 923
P.2d at 47. Such conduct is particularly egregious in a first-party
insurance relationship, where the insured has purchased insurance for his
or her own protection and peace of mind
In addition to being highly reprehensible,
's conduct of
seeking increased profits at the expense of
its own insured is certain to
continue so long as doing so will remain profitable."
LATEST UPDATE on ROBINSON v.
insure.com
- auto insurance - $9.6 million judgment against under review
NAIC
's "Paper Review" Focus of Nationally Coordinated Exam
NAIC President George Nichols III
states: "Auto, home, life, health and all other insurance touch every aspect
of our lives. Consumers need their insurance when they are most vulnerable,
after an auto accident, severe storm damage, serious illness or injury,"
Nichols said. "For those reasons, we take our responsibilities seriously
as regulators and encourage consumers or members of the insurance industry
to come forward when they have evidence of deceptive or unfair business
practice"
A map of insurance regulators is here: Map
of Insurance Regulators
Bad
Faith Claims in insurance disputes
Bad
Faith in Action - Anderson
Phoenix
New Times Online: Snake Killer
Full Text Zilisch
v.
ZILISCH v. MUTUAL
AUTOMOBILE INSURANCE CO., 196 Ariz. 234 2000
"The tort of bad faith arises
when the insurer "intentionally denies, fails to process or pay a
claim without a reasonable basis." Noble v. National Am. Life
Ins. Co., 128 Ariz. 188, 190, 624 P.2d 866, 868 (1981). While
an insurer may challenge claims which are fairly debatable, id., its belief
in fair debatability "is a question of fact to be determined by the
jury." Sparks v. Republic Nat'l Life Ins. Co., 132 Ariz. 529,
539, 647 P.2d 1127, 1137 (1982). An insurance contract is not an
ordinary commercial bargain; "implicit in the contract and the relationship
is the insurer's obligation to play fairly with its insured."
Rawlings v. Apodaca, 151 Ariz. 149, 154, 726 P.2d 565, 570 (1986).
The insurer has "some duties of a fiduciary nature," including "[e]qual
consideration, fairness and honesty." Id. at 155, 726 P.2d
at 571. Thus, "an insurer may be held liable in a first-party
case when it seeks to gain unfair financial advantage of its insured
through conduct that invades the insured's right to honest and fair
treatment," and because of that, "the insurer's eventual performance
of the express covenant - by paying the claim - does not release
it from liability for `bad faith.'" Id. at 156, 726 P.2d at 572.
And in Deese, 172 Ariz. at 508, 838 P.2d at 1269, we noted that an
insurance contract provides more than just security from financial
loss to the insured. We said, "the insured also is entitled
to receive the additional security of knowing that she will be dealt
with fairly and in good faith." Id. Thus, if an insurer
acts unreasonably in the manner in which it processes a claim, it will
be held liable for bad faith "without regard to its ultimate merits."
Id. at 509, 838 P.2d at 1270.
ARIZONA SUPREME COURT CLARIFIES FIRST PARTY BAD FAITH
STANDARD Spring
2000
Holmgren
v. Insurance
Another bad faith case against
- see reference to case in
Phoenix
New Times Online: Snake Killer
Campbell
v.
A
SI GNIFICANT Bad Faith case
COURT
DECISION & OPINION
The
full text of Judge Bohling's Opinion in the case of Campbell vs.
is available here: Click on the following link: Robert
Altman - Attorney scroll down the page and go to
Download Campbell You will need Adobe
Acrobat Free Reader to get this but
it is well worth while if you want to know how denies and underpays
legitimate claims.Below is a preview directly excerpted from the opinion
of the court in Utah in the case of Campbell vs. : Campbell
Opinion.pdf
" 's use
of unlawful and unethical means to conceal its profit scheme and evade
punishment for it."
"The record also contains
ample evidence, that throughout at least the past two decades,
has resorted to a variety of wrongful means to attempt to evade detection
of and liability for, its unlawful profit scheme. Using these tactics
has managed to construct a nearly impenetrable wall of defense
against punishment for its wrongdoing, so effective that it is able to
pressure its adjusters to deny consumers insurance benefits with impunity,
knowing: 1) that few of its victims will even realize they have been wronged.
2) that fewer still will be able to sue 3) that only a small fraction of
those who do sue will be able to weather the years of litigation needed
to reach trial 4) that any victims who actually reach trial will have great
difficulty establishing the basis for punitive damages when met with claims
that only an "honest mistake" was made, supported by a body of evidence
that has been systematically sanitized, padded, purged, concealed, destroyed
or rehearsed. "
"The record also indicates
that these evasion tactics are so successful that trains its
employees to ignore the threat of punitive damages in making their claims-handling
decisions. has relied on five principal evasion tactics, each
of which is reprehensible: a) Systematic targeting of vulnerable and defenseless
consumers. b) Systematic destruction of documents, requested in litigation,
that reveal the profit scheme. c) Systematic manipulation of individual
claim files to conceal claim mishandling d) Systematic manipulation of
testimony by employees e) Systematic efforts to intimidate opposing claimants,
witnesses and attorneys. "
"Systematic
Targeting of vulnerable and defenseless consumers"
"The record clearly
supports the conclusion that 's undisclosed policy of using its
claims handling process as a profit center to systematically deny benefits
owed to consumers is deliberately crafted to prey on "the weakest of the
herd", the elderly, the poor, and other consumers who are least knowledgeable
about their rights and thus most vulnerable to trickery or deceit or who
have little money are hence have no real alternative but to accept
an inadequate offer to settle a claim at much less than fair value. The
testimony of Ray Summers, Bruce Davis and Ina DeLong on how they were trained
to target such consumers, and the expert testimony from Gary Fye, covering
the various tactics predicated in this philosophy and the internal company
documents demonstrating this philosophy in action, was especially significant.
" It appears to the
Court that under 's scheme, a considerable percentage of policyholders
is victimized by a wrongful denial of benefits, oftentimes when these policyholders
are the most vulnerable. And it certainly appears to the Court that State
Farm pursues an official policy established to encourage such wrongful
denial of benefits where believes it can successfully be accomplished."
"Systematic efforts
to intimidate opposing claimants, witnesses and attorneys"
"Finally, the evidence
in this case supports the conclusion that has a regular practice
of working to wear down and outlast plaintiffs and opposing attorneys in
lawsuits seeking to punish it for bad faith claim handling, by using a
variety of tactics to intimidate claimants, witnesses and attorneys who
oppose it. "
" The record contains
extensive evidence that for approximately two decades, has disregarded
well-accepted industry rules by turning its claims-adjusting process into
a profit center, to the point of giving its adjusters specific numerical
targets with regard to average pay outs per claim. Meeting these targets
leads to better pay and promotional prospects; missing them leads to criticism,
retarded prospects at the company and, ultimately a threat to one's continued
employment. "
" has sold
as its product, peace of mind,: using an advertising slogan which promises
that consumers can count on it to act "Like a good neighbor." But as the
trial proceeded, it became a matter of plain evidence that 's
corporate policies involve betraying the trust that it invites its policyholders
to place in it....."
"Another effect of State
Farm's policies is that it puts auto insurance companies who play by the
rules at a competitive disadvantage, allowing to increase its
market share or its profits (whichever it is putting the emphasis on) or
a combination of both, by having an advantage that honest companies don't
have: the shortchanging of policyholders on claim amounts that should be
paid. As the Campbells demonstrated with expert testimony, this inevitably
creates pressure on the honest companies to resort to the same sort of
misconduct in an attempt to stay even with , extending the damage
to consumers though out the auto insurance marketplace as a whole"
"The jury could easily
find from the evidence that 's claims-handling practices are
predicated on exploiting the trust placed in it by its policyholders...."
"Probability of Future Recurrence of State
Farm's Misconduct"
"The Court has already found that
has carried out a persistent scheme of wrongful conduct. It appear
to have been extremely profitable, as the Campbells' experts on the
insurance industry testified, and as various
examples of the scheme in practice strongly support. Further, despite
testimony from witnesses that the improper payout
goals at the core of the scheme was assertedly
'obsoleted' in 1992 (and again in 1994), the Campbells presented ample
evidence that this incentive system (including its improper
goals) - the engine that pressures adjusters
to wrongfully deny benefits to consumers on a wide range of claims - remains
in operation today. Only the documentation has changed, for
appearances sake: as the Campbells proved with
internal company documents and through testimony of knowledgeable witnesses.
[ T]he scheme is now carried out verbally, to avoid the creation of documents
that might be damaging to the company in litigation."
Visit the following links for more
Bad Faith information
Bad
Faith Findings in the Absence of Coverage
The
Federation: Winter '97
Failure to Settle
http://www.law.ua.edu/lawreview/bowdre.htm
Claims
Magazine November 2000
Insurer
Bad Faith Comes to Hawaii
BAD
FAITH CLAIMS UNDER NEW JERSEY'S IN
FIRST PARTY INSURANCE CONTEXT
Capital
Center for Government Law and Policy - Proposition 30 & 31
Publications
- Insurance Coverage Litigation
Insurance
Lawyer - San Diego, CA - First Party Insurance Claims
Bad
Faith Jury Instructions
Bad
Faith - Have You Been A Victim?
Claims
Magazine
Securing
benefits under the terms of insurance policies
Moffatt
Thomas Barrett Rock & Fields, Chtd.
Insurance
Bad Faith - Areas of Practice - Schoenbeck Law
Bad
Faith Claims in Insurance Disputes (from
a Washingon State insurance DEFENSE firm)
InsuranceJournal.com
How
Insurance Companies Settle Cases
Insurance
Claims Help and Tips for Consumers
Claim
Paid: A Consumers Guide Through the Insurance Claims Maze
Education
is Priceless
The
Consumer's Action Plan
When
an Insurance Company Breaches Its Contract
BadFaithHelp Attorneys
& legal resources
Disappearing Court Decisions also known as
Vacatur
We urge the public to remember that many of the case
decisions which go AGAINST are NOT published, in fact they are
HIDDEN, SEALED or REMOVED from Court Records.
TLPJ
News Trial Lawyers for Public Justice Moves to
Unseal Case Erased From Public Record
FBIC
- Vacatur
State
Farm Advocacy groups accuse of fraud
2
Ways Our State Courts Keep Decisions Under Wraps
insure.com
- insurance in California - California court says can't hide
business data
ABRN: Nov
2000 - Lawsuit Against Accuses Insurer of Steering
If
you have a complaint against your insurance company, by all means file
with the State Department of Insurance but don't expect any real help from
this department.
The
list by state is here: DM&A
Links . Not every state is pro insurance- there are some state insurance
commissions which are PRO consumer.
LII:
State Statutes by Topic INSURANCE LAW STATUTES BY STATE
How much do the insurance executives
earn -Look here Insurance
News Network - Executive salaries
'Big
Insurance': Industry Dominates State Legislatures
Complete Analysis and Updates on The Quackenbush Scandal
Protecting California's Consumers
Welcome
to the California Department of Insurance
INSURANCE DEFENSE FIRM ARTICLES
Be aware that sometimes you can glean some good
information by reading what the opposition (the insurance defense industry)
has to say:
Take a look at "bad faith" written by an insurance
defense firm
WR&F Insurance | Publications
Another insurance defense firm article on Homeowners
Damage Claims, Proof of Loss and more Property
Damage Insurance
Many homeowners policy include a "loss of use"
coverage or Additional Living Expenses, also called ALE. Here is another
insurance defense firm article on that subject: ADDITIONAL
LIVING EXPENSES
Take a look at the difference between "appraisal
and arbitration" written by an insurance DEFENSE firm
A
PROCEDURAL OVERVIEW
Appraisal Clause in Homeowners Policy, written
by INSURANCE DEFENSE firm
APPRAISERS USE OF ACTUAL CASH VALUE
How Do Insurance Claims Professionals calculate
how much they have to pay you, the claimant?
Try this link! Claims
Magazine October Feature Article
"Handicapping
Damages: 3 Steps To Quick Settlement"
Written
for INSURANCE CLAIMS PROFESSIONALS.
More Stories
Phoenix
New Times Online: Snake Killer
Kiplinger's
Personal Finance Magazine - What If the Company Won't Pay? - June 1999
insure.com
- will pay $238 million for fraud
STATE
FARM INFORMATION PAGE-NOT ASSOCIATED WITH INSURANCE IN ANY WAY-JUST
REPORTING ABOUT THEM
State
Farm Settles Bad Faith Claim - Tampa 2/01
Robert
William Foss vs. Mutual Automobile Insurance Company
State
Farm Mutual Automobile Insurance Co. v. Cook
Kiplinger's
Personal Finance - Good as New? - January 2000
insure.com
- Texas auto insurance - settles Texas uninsured motorist class
action suit
Pulliam
State
Farm's Coverage Fraud Exposed by Former Litigation Team Member
Storm
victims find less than a good neighbor (12/27/1998) Minnesota
State
Farm being sued over medical examiner
insure.com
- seeks to leave New Jersey in 2003, leaving 800,000 shopping
for coverage
Fire
of 1994 WYOMING
How
nearly lost its license to sell insurance in Florida
Insurance
News Network - State
Farm denied by U.S. Supreme Court
State
Farm hit with $150 million penalty in Alaska lawsuit_(Life Insurance)
State
Farm Settles Texas Betterment Suit for $3.1 Million
State
Farm Loses On Attempt To Block Disclosure Of Insurance Redlining Data
State
Farm the Focus of News Show Investigation
Illinois
Appellate Court Affirms Aftermarket Part Decision
Legal
Beat: Article 21.55: Reason Prevails
Amy
Zuniga's Declaration
State
Farm Loses On Attempt To Block Disclosure Of Insurance Redlining Data
Another BAD FAITH CASE AGAINST
JURY
AWARDS $3.6 MILLION IN HOME FIRE AGAINST
Starke County
Circuit Court, Knox, Indiana
Mills v. Fire
and Casualty Case No. 75C01-9210-CP-274
Plaintiff's
Attorneys: Timothy F. Kelly & Karl K. Vanzo, Law Firm of Timothy F.
Kelly & Associates, Munster, Indiana
An Indiana
couple won a $3.6 million verdict against Insurance Company
which refused to pay their claim after their home burned down. The couple's
original claim was for $145,000. They fully cooperated with the police
and even passed polygraph tests. While they were cleared as suspects in
the blaze and were never charged with any crime, still refused
to pay for the fire loss. After a seven-day trial, the Insureds were
awarded $145,212 for their home and personal belongings, and in addition,
was ordered to pay $500,000 for showing bad faith and $3,000,000
in punitive damages.
Also see this
link: Kiplinger's
Personal Finance Magazine - What If the Company Won't Pay? - June 1999
AVERY v.
Avery
v. Illinois Appellate Court decision 746 N.E.2d
1242
loses NON-OEM AUTO PARTS
CASE
"The consumer-fraud
counts of the complaint were resolved in a bench
trial.
In its written judgment, the trial court found that
misrepresented,
concealed, suppressed, or omitted material facts
concerning
the non-OEM crash parts with the intent that its policyholders
rely upon
these deceptions in violation of the Act."
Read the judge's opinion
on 's violations of the Illinois Consumer
Fraud and Deceptive Business Practices Act in full. Click link below
for full details!
insure.com
- auto insurance - auto-parts trial documents
Read the court documents
online- the ones that convinced the jury about the deception by The Good
Neighbor!
insure.com
- auto insurance - auto-parts trial documents
The
Truth Behind Avery v.
Lieff
Cabraser: Imitation Parts Class Action
Lieff
Cabraser: jury verdict
State
Farm Auto Parts Litigation - Class Action Complaint.
Insurance industry spokespersons are
threatening higher premiums based on the court decision handed down in
Marion, Illinois- click below to read about the fallacy in their argument.
Higher
auto premiums because of verdict?
Beware
of Imitation Parts!
press release about the
non oem parts case: .com
| About Us
What happens when your
insurer "totals" you car? Click below!
insure.com
- Inside the insurance auto-auction pipeline
Allstate,
GEICO, and sued for $100 million
Total
warfare: What to do when your auto insurer totals your car
Collision
Repair Consumer Information Center
Judge
orders to pay additional $730 million in damages
Property & Casualty:
FIRE & WATER DAMAGE CLAIMS
Not every contractor or home builder
understands the dynamics of disaster restoration.
Be very careful who you hire to
restore your home. Once the restoration is done and there are lingering
restoration problems, such as smoke and fire odors or untreated water damage
- resulting in mold - your problems will continue forever or until you
gut everything and begin again.
Hire a certified contractor to restore your
fire or flood damaged home
Bourhis,
Wolfson and Schlichtmann: Disaster Insurance Claims Tips for Business and
Homeowner Claimants
The
Association of Specialists in Cleaning and Restoration -National Institute
of Disater Restoration
The
Association of Specialists in Cleaning and Restoration - National Institute
of Disater Restoration Guidelines for Fire and Smoke Damage Repair
The
Association of Specialists in Cleaning and Restoration - Information for
Consumers
Smartmoney.com:
Real Estate: 10 Things Your Contractor Won't Tell You
BEWARE of insurance 'friendly" contractors.
A special note on insurance company
"referred" contractors. Many insurance companies keep lists of preferred
vendors/contractors. These contractors compete for insurance company referrals;
they DEPEND on these referrals for a good part of their business. In order
to get these referrals, the contractor may keep his repair estimates low.
An insurance company referred contractor may be working to stay in the
insurance carrier's good graces but he still must get enough money to do
the job and get the maximum dollars for himself. If the insurance company
authorized dollars are insufficient to repair the property - the contractor
WILL NOT PAY THE DIFFERENCE - YOU WILL!
If it comes down to a question
of principles vs money - money always wins. G et more than one repair
estimate and make sure the contractor works for YOU and your
best interests - not those of the insurer. Make certain that the insurance
adjuster gives you a complete estimate or scope of repairs UP FRONT, BEFORE
REPAIRS BEGIN and that the contractor's estimate of repairs matches the
adjusters. Comare the amount that the insuraer will pay and what the contractor
will charge. Do not be fooled- you have a right to an estimate from
the contractor and a scope from the adjuster.
Beware of secret "deals" between
the contractor and the insurer.
Some insurance adjusters will tell
the contractor that they will pay only $XXX dollars for a certain
procedure. Unbeknownst to you, the homeowner, the contractor agrees in
principle with the insurer to do the work at a cut rate and then- without
your knowledge - charges a greater amount anyway-leaving you to pay the
difference or this may be accomplished by the contractor "burying" the
extra cost in the final billing to you. There is no such thing as
a 'burial" - someone has to pay and its always the policyholder.
GET ANY AGREEMENTS of price reduction
between contractor and insurer, IN WRITING and KNOW to ask the question
about reduced compensation to any contractor working on your home or contents.
Use extreme caution about hiring
the insurance company's referred contractors. Insist that the adjuster
and the contractor give you their estimates of damage. - BEFORE YOU LET
ANY WORK BEGIN. As the policyholder and homeowner, you have every right
to know what work will be performed at your home, what kinds of materials
will be used to replace the damaged structure and how much it will cost.
I f your home is older, be aware
of asbestos potential in floor or ceiling tiles, insulation, siding and
more. Water and heat from fire damage may affect the integrity of the materials-
see this link to learn how adjusters should handle this: Claims
Magazine December Top story - Protecting Both Adjusters and Insureds Asbestos
Awareness Training
Be aware of water damage problems
after a fire, flood or hurricane - be sure that your contractor understands
how important water damage remediation is to the health and safety of yourself
and your family.
Do not let your insurance company
adjuster tell you that total remediation of a fire or water loss claim
is unnecessary!
Insurance
Consumer's Battle Manual
insure.com
- Insurance adjusters rewarded for shrinking claims checks
Water,
fire, smoke, or mold damage? You need a certified restorer!
insure.com
- Home insurance basics
Understanding
The Claims Adjuster
Understanding
the Enemy
Insurance
Coverage for Mold-Related Construction Defects
Actual
Cash Value v. Replacement Cost Coverage
Claims
Magazine August 2000 ACV Payments, Overhead & Profit
SALESIN
v. FIRE & CASUALTY CO.
The
Association of Specialists in Cleaning and Restoration - Information for
Consumers-Fire Tips
Claims
Magazine August 2000 water damage
Claims
Magazine August 2000 MOLD
Rainmaker
- Handwerker Construction
BALLARD V. FARMERS INSURANCE $32
Million Award
What can happen to your home if your insurer
lowballs your property damage claim? You may wind up with an unsaleable
home, structurally damaged or contaminated with MOLD or FIRE ODORS, which
can cause various ILLNESSES for humans and pets, and destroys or compromises
the integrity of structural materials and building contents (personal belongings).
Is Indoor Mold Contamination
a Threat to Health?
Airborne
Fungal Glossary
The Ballard Verdict sends an important message
to all insurers.
INSURERS MUST STOP lowballing claims to save
the company money or enhance the adjuster's employment record. Why are
insurers insistent on saving a few dollars on fire and water damage claims
when there is ample policy coverage?? This is not rocket science!
Insurers and their adjusters should
read this article:
Claims
Magazine August 2000 Wringing Out Extra Costs From Water Damage Claims
i nsure.com
- Insurance adjusters rewarded for shrinking claims checks
Judge
Bohling - Campbell v. (1998) Campbell Opinion.pdf
" The record contains
extensive evidence that for approximately two decades, has disregarded
well-accepted industry rules by turning its claims-adjusting process into
a profit center, to the point of giving its adjusters specific numerical
targets with regard to average pay outs per claim. Meeting these targets
leads to better pay and promotional prospects; missing them leads to criticism,
retarded prospects at the company and, ultimately a threat to one's continued
employment. "
"The Court has already found that
has carried out a persistent scheme of wrongful conduct. It appear
to have been extremely profitable, as the Campbells' experts on the insurance
industry testified, and as various examples of the scheme in practice strongly
support. Further, despite testimony from witnesses that
the improper payout goals at the core of the scheme was assertedly 'obsoleted'
in 1992 (and again in 1994), the Campbells presented ample evidence that
this incentive system (including its improper goals) - the engine that
pressures adjusters to wrongfully deny benefits to consumers on a wide
range of claims - remains in operation today. Only the documentation
has changed, for appearances sake: as the Campbells proved with internal
company documents and through testimony of knowledgeable witnesses. [T]he
scheme is now carried out verbally, to avoid the creation of documents
that might be damaging to the company in litigation."
When a loss is covered by the insured's policy,
insurers should pay to dry out the structure, clean it up and replace ,
not hide, irreparably water damaged materials. Covering over fire
and water damage can case lasting odors and promote mold growth.
Saving money for the insurance company by lowballing
or denying a legitimate and covered loss, is BAD FAITH and poor business
practice and destroys lives of faithful policyholders.
EPA Indoor
Air Quality Web Site - Mold Links and General Information Page
Is
Indoor Mold Contamination a Threat to Health?
Farmers
Insurance must cough up $32 million in Texas toxic mold verdict
MoldUpdate.com
An Insurance Industry Site addressing mold claims
Insurers
Blanch at Mold Claims
insure.com
- insurance in California - California's landmark bill would regulate toxic
mold
The
Mold Source
New
York City Department of Health - Environmental & Occupational Disease
Epidemiology - Guidelines on Assessment and Remediation of Fungi in Indoor
Environments
MOLD
in Buildings
California
Mould Claim
Indoor
Environmental Law
The
World of Fungi
FEMA:
Floods Cause a Hazardous Potential for Toxic Mold
THE PUBLIC ADJUSTER OPTION
The only way to fight
insurance company denial of a legitimate claim is to educate yourself
about their practices and procedures. If you are a victim of fire or other
disaster you may need to consult with an attorney or other knowledgeable
representative to help you through the maze of the insurance claims process.
Please follow the links to get the information you may need someday when
dealing with an insurance company.
DON'T GET BURNED! Read
the fine print in your policy BEFORE you buy it and when you are involved
in a loss, have an attorney or other knowledgeable source check your
contractor's paperwork, estimates and references BEFORE YOU SIGN.
Remember that the insurance
company adjuster works for the insurance company -not for you!
You may want to consider
contacting a REPUTABLE Public Adjuster immediately following a major
loss. BUT, make sure that the public adjuster only represents policyholders
and NOT the insurance companies. For more information about public adjusters
click on the links below:
What
Is A Public Adjuster
Public
Adjusters USA Home Page
Appraisal
Services
Rainmaker
- Handwerker Construction
Welcome
to Insurance Recovery International, Inc.
NAPIA
- National Association of Public Insurance Adjusters
Why
hire a Public Adjuster
Insurance
News Network - Public claims adjusters can level the playing field for
you
I t is very troubling that policyholders
should have to hire outside help when dealing with a legitimate claim.
Public adjusters are not cheap - the few I have interviewed charge a minimum
of 10% of the total claim - so, if your property loss was 150,000
- the public adjuster charges $15,000. That money comes out of your
pocket. However if your claim is targeted by your insurer as
a way to save the company some money, you may lose more than the
investment in a public adjuster. It seems that policyholders need advocates...
someone to protect their rights in claim settlements. You may want to consider
hiring an attorney at once-at the outset of you claim. Yes, it will cost
you some money but if the insurance company shorts your claim or denies
it outright- you will lose thousands and thousands.
IN CASE OF A DISPUTE
Know the terms of your policy
in the event you cannot get the claim settled. In many states you cannot
sue the insurance carrier until you follow the procedures outlined in your
policy.
Insurance
News Network - Unfair Claims Settlement Practices Act
Mikes
musings and other insurance information
Allstate
Insurance and discovery abuses
MORE LINKS
Insurance
Bad Faith InsuranceJournal.com
LII:
State Statutes by Topic
Allstate
Insurance -a comprehensive site
Screwed
by insurance.com - THE place to find the truth about insurance and insurance
companies.
Insurance
News Network
Our
Allstate Story
Insurance Corner Consumer Information
FindLaw
- Your Online Legal Resource
LII:
Law about...Insurance
Property and Casualty .com: Digital Marketplace for the risk management
industry
THE REVIEW
Dealing with a disaster
Insurance
Bad Faith
Re: It's not insurance bad faith - it's racketeering and extortion - read
below
Litigation Crash Course
Insurance Corner Consumer Information
Farmers
Insurance Information Page-Not associated with Farmers Insurance
State
Farm Agents Who Care, policyowners, litigation, insurance
insure.com
- Insurers don't want to "suck" on the Web
Welcome
To Ina De Long Insurance Consulting
Northwestern
Mutual Life Complaints - Home
Mealey
Publications - The Litigation Resource
Debunking The Myths of Insurance Company Financial Ratings
The Claims Process
Public
Adjusters USA Home Page
Allstate
or Allsnake 2000 - Entrance to Free Insurance Page
WashLaw
WEB - Insurance Law
BadFaithHelp
INSURANCE
LAW: LawResearch
Allstate
Insurance Sucks
Home
Page AllState Nightmare
Williams
Law Office
Allstate
Insurance Cool Links
Welcome
to MyPropertyClaim.com!
State
Farm Sucks - bank, car, homeowners, life and business insurance news
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Consumers
can sue health insurers for racketeering
Allstate
Insurance Ethics Complaint
This
web site does not intend to minimize insurance fraud perpetrated by dishonest
people who cheat insurance companies by filing fraudulent or padded claims.
Insurance
fraud is immoral, illegal and costs us all big bucks.
Insurance
Fraud, however happens on both sides - not only by policyholders against
the insurer- but also by the insurer against policyholders.
There is a heavy focus on insurance fraud perpetrated by the public at
large and little or no focus on the insurance company fraud against the
policyholders and /or the insurers efforts to minimize losses by
shorting or denying and delaying a LEGITIMATE claim settlement.
People
who experience a major disaster such as fire, flood, tornadoes, hurricanes,
earthquakes only want one thing: the benefits promised by our insurance
policies. We pay our premiums for years and years - then suddenly DISASTER
strikes! We assume that our insurance policies will help us to recover
our losses and get our lives back to normal. In many cases, this is what
happens. But in a significant and apparently growing number of cases, the
insurance carriers stonewall the claims process, leaving the victims of
disaster to fend for themselves.
There
are few laws protecting consumers from unscrupulous practices by insurance
carriers. If a consumer commits a fraud against an insurance company
he can be prosecuted to the fullest extent of the law. When an insurance
carrier denies or lowballs LEGITIMATE claims, the policyholder must
spend thousands of dollars in legal, appraisal or arbitration fees to obtain
what should have been paid by virtue of his policy.
The
Allstate Abuse SiteRing
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