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Wednesday, January 22, 2025

Claims File Transparency | Property Insurance coverage Protection Regulation Weblog


The Florida Home Insurance coverage and Banking Subcommittee was clearly upset with rising insurance coverage charges and poor claims dealing with, as famous in Take part In Your Democracy—Even If You Are Known as a Bazooka. I used to be at all times advised that an trustworthy individual has nothing to cover. If that’s the case, why don’t we require the insurance coverage firms to show over the claims file supplies in a property insurance coverage declare absent an insurance coverage firm’s suspicion of fraud or prison conduct?

I raised this difficulty earlier than in “Ought to All States Require Insurance coverage Corporations to Flip Claims Recordsdata Over to Policyholders?” I particularly famous a California statute that Florida legislators ought to take into account copying that requires insurers to offer to policyholders inside fifteen days of their request all claim-related paperwork:

. . . that relate to the analysis of damages, together with, however not restricted to, restore and substitute estimates and bids, value determinations, scopes of loss, drawings, plans, reviews, third-party findings on the quantity of loss, lined damages, and price of repairs, and all different valuation, measurement, and loss adjustment calculations of the quantity of loss, lined injury, and price of repairs. 1

I counsel that the statute be worded to say “all claims file supplies, together with however not restricted to….

I additional raised the potential for one of these laws final yr in Florida Invoice Proposes Declare File Transparency. Had that invoice handed, the Florida Home of Representatives could have had the reply to their questions as a result of constituents would have the claims file supplies explaining why the insurance coverage firms weren’t paying claims totally or on time. Then again, the dangerous claims actions could by no means have occurred as a result of the insurers would have identified they may not disguise the reality about their claims dealing with—the policyholders would discover out what was within the claims file.

A further downside with Florida’s present scheme for claims estimate transparency is that nothing is holding the insurance coverage firm accountable for its failure to show over the estimates, as I famous in Let’s Get Powerful on Drunk Driving however Not Have Any Penalties For the Drunk Driver: Making It Tough For Policyholders To Gather On Money owed Owed By Delaying and Underpaying Insurance coverage Corporations.

The underside line is that, as my mom at all times advised me, “honesty is the very best coverage.” In order for you honesty from insurance coverage firms, now we have to have enforceable transparency about how the declare is being dealt with. The way in which for that to happen is for the policyholder to have entry to all claims file supplies.

Thought For The Day

“When you inform the reality, you don’t have to recollect something.”
—Mark Twain


1 Cal. Ins. Code § 2071



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