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State Farm to pay $6.8M in Katrina case
Posted on May 24, 2007 3:44 PM CST
CHICAGO (Reuters)—State Farm said Thursday it will pay $6.8 million to resolve a class action lawsuit accusing it of undercompensating more than 12,000 Florida policyholders for damage from hurricanes Katrina and Wilma.
The largest U.S. home and auto insurer said it agreed to the payout after discovering a printing error in the homeowners' policies regarding reimbursement for damaged screen enclosures. It said it didn't learn of the error until it was sued in February 2006.
Bloomington, Ill.-based State Farm said its Florida policies typically call for it to cover the replacement cost of storm-damaged screens, less depreciation.
The policies for the plaintiffs, who live in five Florida counties, were missing the clause concerning depreciation, State Farm said.
Lawyers for the plaintiffs said State Farm had initially agreed only to pay the depreciated replacement cost.
"This was an unfortunate printing error that cost us $6.8 million," State Farm spokesman Phil Supple said. "These policyholders actually received more coverage than they paid for. It was our error, and we're owning up to it."
The settlement was approved by a Broward County court, according to the law firms representing the plaintiffs, Lee & Amtzis P.L. and Kopelman & Blankman P.A.
Hurricanes cost the insurance industry more than $68 billion in 2005, including more than $38 billion of insured losses from Katrina alone. |
June 26, 2008
California Insurance Commissioner Steve Poizner announced that Mercury Insurance Group will pay a $250,000 settlement for alleged claims handling violations.
"I'm pleased that Mercury has agreed to this settlement, which demonstrates that claims handling violations will not be tolerated in California," Poizner said. Mercury recently announced that it is reducing rates for policyholders, and I am hopeful that the company will continue to put its customers first. The Department of Insurance continues to make sure that all insurance companies are obeying the laws in place to protect consumers. "
The California Department of Insurance (CDI) conducted a review of consumer complaints filed with the Department against Mercury Insurance, Mercury Casualty and California Automobile Insurance Companies, collectively known as Mercury Insurance Group. Of the 121 files reviewed, a total of 258 violations were discovered to have occurred from January 2004 through December 2005. The violations involved several of the company's claims-handling practices, including unreasonable delays in affirming or denying coverage and issuing claim payments.
Mercury Insurance Group will pay the DOI $250,000 in monetary penalties, as well as $50,000 for CDI's legal fees and enforcement costs associated with the case. Additionally, if Mercury Insurance does not improve its performance standards -- as evidenced by a 15 percent reduction in justified complaints -- by Dec. 31, 2008, it may be ordered to pay an additional $200,000, the DOI said.
For more information, visit http://www.insurance.ca.gov/0400-news/0100-press-releases/0070-2008/upload/MercurycasesStipWaiver.pdf and http://www.insurance.ca.gov/0400-news/0100-press-releases/0070-2008/upload/MercurycasesStipWaiver.pdf.
For Release: April 28, 2008
Legal Opinion Puts Insurance Industry on Notice That Disaster Survivors Can Buy or Rebuild Homes in New Locations.
SAN DIEGO ― Today Insurance Commissioner Steve Poizner announced that the California Department of Insurance (CDI) has issued a legal opinion supporting homeowners' rights to purchase an already built home at a new location using replacement cost insurance coverage and to replace a home in a new location using an extended or guaranteed replacement cost policy.
The legal opinion, formally issued at the request of San Diego Councilmember Brian Maienschein, clarifies current California law and serves as notice to insurers that CDI expects homeowners' rights to be honored.
"Homeowners should know they have legally protected options when putting their lives back together during a very difficult and taxing time," stated Commissioner Poizner. "After a disaster, homeowners have an absolute right to re-establish their lives elsewhere if they so desire - either by rebuilding their homes or buying other homes."
CDI's legal opinion (attached) clarifies the application of California Insurance Code Section 2015.5(c), which was enacted in 2004 by Assembly Bill 2199 (Kehoe), part of the CDI-sponsored Homeowner Bill of Rights born from lessons learned in the 2003 Southern California wildfires. Read more...
CDI's response letter, an official document that communicates CDI's position but does not constitute an agency guideline, order, or rule, clarifies that:
- Homeowners can use their replacement cost insurance coverage to purchase an already built home at a new location; and
- Homeowners are entitled to the "extended" or "guaranteed" portion of their replacement cost policies to rebuild in a new location; and
- Homeowners purchasing a home at a new location for less than the cost to rebuild at the original location may only recover replacement costs reasonably paid to replace the damaged property.
This legal opinion is another step in CDI's efforts to protect the interests of wildfire survivors. Thus far, CDI has assisted in recovering more than $4.3 million on behalf of Southern Californians trying to rebuild after the 2007 firestorms. CDI staff was part of the initial disaster response, protecting property in the fire zones and staffing disaster assistance centers. CDI staff has hosted or participated in approximately two dozen insurance recovery forums, townhalls and workshops, in addition to counseling more than 150 survivors in one-on-one sessions scheduled with the assistance of consumer advocacy groups.
As of mid-April, CDI has received 154 fire-related complaints from San Diego County; it has received 237 such complaints from Southern California fire survivors. As of late March in Southern California, 39,000 residential and commercial claims have been submitted to the insurance industry. 1,866 claims have been for totally destroyed properties. Insurers have paid-out $1.7 billion so far, and 4,105 claims are pending.
Legal opinion found here.
March 2007
GMAC-ResCap announces their intent to exit the Hazard Insurance Claims business. QCMC is formed the same month and clients and staff migrate from GMAC-ResCap to QCMC.
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June 1, 2007
Ron Reitz and his team worked with homeowners whose homes were destroyed by the catastrophic fires. One client provided the following feedback: “The caring, courteous & professional service we received makes us very grateful. Our hats are off to [this team]. They are all class people. If I were starting a company, no matter what type, I would try and hire them…….as partners.”
– D. Williams
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August 2005
Under the leadership of Ron Reitz, GMAC-ResCap assisted thousands of homeowners affected by hurricanes Katrina, Rita and Wilma. Thousands of customers of Homecomings Financial and GMAC Mortgage received hands-on adjusting services and guidance in resolving their hazard insurance claims. Mr. Reitz and his team traveled to Louisiana and Mississippi to meet with borrowers and homeowners in order to provide direct assistance and see the vast destruction first-hand.
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CALIFORNIA FIRE VICTIMS:
Click here for important tips
We Prepare Scopes of Loss
Do you want to know exactly how much it will cost to replace your damaged or destroyed property? Have one of our experts prepare a comprehensive, line item Scope of Loss. We charge a flat fee and are considerably less expensive than other companies. Please call 619-243-3915 for more information.
Revised Forecast Sees More Hurricanes Coming
The London-based weather forecast group for an insurance brokerage said its latest storm outlook predicts greatly increased activity with one more hurricane hitting the United States. (Read more)
State Farm to pay $6.8M in Katrina case
CHICAGO (Reuters)—State Farm said Thursday it will pay $6.8 million to resolve a class action lawsuit accusing it of undercompensating more than 12,000 Florida policyholders for damage from hurricanes Katrina and Wilma.
Justice Has Been Conducting Criminal Probe of Katrina Claims, Court Records Show
GULFPORT, Miss. August 10 (BestWire) — The U.S. Justice Department has disclosed, via a filing in a civil lawsuit, that it has been considering a criminal probe of State Farm and...(read more)
Home Insurers' Secret Tactics Cheat Fire Victims, Hike Profits ...Read article at Bloomberg.com
The Insurance Crisis is Phony. Read the article at: www.consumerwatchdog.org
Be prepared before a disaster strikes with an Insurance Claims Checklist
Quality Claims has worked closely with United Policyholders on local and national legislative issues affecting policyholders and supports United Policyholders in assisting insureds with claims expertise.
Click the map below to get current information about related warnings and watches in your area.
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In recent years losses on Real Estate Properties have increased dramatically.
A Reminder of Hazardous Insurance Claims
Services of mortgage loans have many responsibilities to the mortgage holder or investor.
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