Assignment of Benefits–A Moral Hazard!

Insurance 101 teaches about “Moral Hazards” –when mismanaged insurance systems incentivize individuals, often entire segments of society, to behave in irresponsible or criminal ways.

You’ve read what “some” attorneys, public adjusters, water extractors, plumbers and roofers are doing with AOB.  It’s the result of a moral hazard–bad public policy enabling and incentivizing bad behavior. [Read more…]

Public Adjusters–“A Public Adjuster May Not Be Your Best Option”

Like many catastrophe prone states, Florida can suffer from an abundance of public adjusters before, and immediately following, any disaster.  In California it’s wildfires and earthquakes.  Here it’s hurricanes. [Read more…]

FLOOD…A Carrot & A Stick!

Every once in a long while I’ll write about Flood insurance–subsequent, usually, to either a flood of great proportion or another government attempt to fund an existing or potential deficit.  This time, Harvey in Texas and Irma rapidly approaching from the Atlantic, provide impetus on both fronts. [Read more…]

PUBLIC ADJUSTERS…On the Attack!

There’s been much ado between public adjusters and insurers of late.  PA’s don’t like managed repair programs (MRP’s).  Insurance companies do like them–a lot–especially in Florida.

Sparring was ignited by an op-ed from the Florida Association of Public Insurance Adjusters (FAPIA) that was highly critical of MRP’s and which, in typical PA fashion, also bad-mouthed insurers. [Read more…]

Assignment of Benefits–The Bone Dry Rebuttal!

Most of us know what happened to AOB reform bills during this year’s regular session.  Meaningful, helpful, changes were approved in the house.  However, fearing the senate might follow suit, two trial lawyers—Sen. Anitere Flores (R-Miami) and Sen. Gary Farmer (D-Ft. Lauderdale) teamed to shut down the companion bill by Senator Dorothy Hukill (R-Port Orange) and Senator Kathleen Passidomo (R-Naples).  No senate vote.  Not even a debate.

Oh well! [Read more…]

AOB… Lawmakers need to solve the problem!

Someone’s been brewing the stew.  Since lawmakers came to town nearly 70 articles and/or editorials favorable to reforming Assignment of Benefits (AOB) have appeared in the mainstream.  Recently, others have popped up including radio ads, YouTube video’s and more.

And, they all blame the abuse on 3rd party vendors and their trial attorneys. [Read more…]

Gottlieb’s Golden Goose!!

While studying for his law degree Californian Kenneth Gottlieb (not to be confused with former Representative and current Circuit Judge Ken Gottlieb of Florida) often bragged to fellow students that he would put his diploma to a somewhat unusual purpose.  He would avoid the typical, reputedly lucrative fields: medical malpractice, contract law, Real Estate or administrative law.  He’d focus instead on the most profitable specialty of all.

His career, indeed his life plan, would be to commit insurance fraud–as diabolically and as often as he possibly could.

Shamelessly he opined to all who would listen that he could so abundantly profit stealing from insurers, and do so quickly enough, that the wealth he would amass before being apprehended would far exceed the meager penalties doled out for insurance fraud. [Read more…]

Assignment of Benefits—It’s the data stupid!

When it comes to legislative reforms of Assignment of Benefits (AOB), everyone attending the Florida Chamber of Commerce’s Miami Insurance Summit noticed a brighter light at the end of a shortening tunnel.

Despite distractions of Workers Compensation and the potential repeal of No-Fault (PIP), AOB stole the Miami show; including noted reform endorsements from Chief Financial Officer, Jeff Atwater and Insurance Commissioner, David Altmaier and others.

Even unrelated panels and/or presentations morphed, to one degree or another, into an AOB discussion.  Including one noteworthy collection of media experts proving some in the mainstream have firmed their grip on the problem.  The Chamber’s newest video is a composite of a few TV expose’s revealing the need for reform.  Check it out. It’s a good one. [Read more…]

Attorney Fees, AOB reforms & AOC!

I heard a commercial on my car radio by John Morgan of Morgan & Morgan. I’m pretty sure I got it exactly right. Without a scintilla of equivocation, he affirmatively stated as fact… “Insurance companies are our enemy and they are your enemy.  Do not trust anything they do or say!”

While thinking he likely trusts insurance companies enough to pay premiums for the protection of his home and business, I also thought of the response those he insulted might render. I knew there would be none—it’s the lack of fear that there would be any consequence whatsoever that creates the necessary hutzpah to say such a thing on the open air. [Read more…]

Bad Apple Attorneys!

This post is about the bad apples who employ every delay tactic they can, including lying to a court, to force settlements under Florida’s one-way attorney fee statute–avoiding actually having to “lawyer” a case to court. [Read more…]