• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Johnson Strategies

Planning, Communications, Advocacy

  • Home
  • The JS Story
  • About JS
    • Mission
    • About Scott
    • Writing
  • Videos
  • Library
    • AOB prior to reforms effective July 1, 2019
    • AOB on and after reforms effective July 1, 2019
    • Citizens
    • Legislative Glossary
    • Government Studies and Reports
    • Miscellaneous Documents
    • Presentations and Powerpoints
  • Links
    • Government
    • Other Helpful Sites
  • Contact
You are here: Home / Advocacy / Assignment of Benefits–A Moral Hazard!

Assignment of Benefits–A Moral Hazard!

October 31, 2017 - Opinions by Scott Johnson Leave a Comment

Share this articleEmail this to someoneShare on FacebookShare on LinkedInTweet about this on Twitter

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.

Worse, political gatherings like the recent Senate Banking and Insurance Committee workshop seem to give shorter shrift to the victims of this moral hazard–especially those that don’t play along with abusive AOB vendors.

In the Wall Street Journal article,  “What Could Raise Hurricane Irma’s Costs? Letting Contractors Handle Claims” we learn about the mistreatment of two consumers, Brooke Fehr and Kelly Laub. Both are fed up with AOB, and by implication, Florida’s lethargic approach to eliminate its immoral influence.

But, Fehr and Laub are just the proverbial tip of the iceberg!

Consider the affidavit of this single mom—a 9th grade math teacher trying to do the right thing.  Duped by a man pretending to represent her insurance company, she unwittingly embarked on a voyage of threats and intimidation from a roofing contractor she identified as Simbro Group, LLC.

“Saturday, November 19, 2016 I was in the garage with my children and a gentleman with a ladder on his truck approached me. He told me he was with the insurance company and was from disaster recovery unit…He said he wanted to go on my roof and I was very leery of him doing that.  He then said he had a paper to sign…The entire time Mr. Dykes spoke as though he was with my insurance company.  After he saw the policy, he then kept referring to Heritage, and I assumed (Stupid on my part) that he was with MY insurance company.”

The moral hazard of AOB is causing some roofers, armed with weather radar, to pretend to represent a homeowners’ insurer to obtain an AOB signature merely to inspect for “possible” damage, which they always find.  Then, they submit a grossly inflated invoice to the insurer they were pretending to represent.

Unmitigated gall!

Kellie Clark was suspicious.  She attempted to do the right thing.  When she got a check for $18,000 from Heritage Insurance Company, she called the company.  She sent the check back. She sought an estimate for roof damage from someone else.  But, the roofer representative seemed to know exactly when the check arrived and, according to the affidavit, said: “We will get you and we know where you live.”

Kellie Clark:

“I told him I would not give him the check, he ‘demanded I turn it over, or I would be in severe trouble.’  I told him I would give it back to the insurance company and he laughed and stated ‘you can’t do that, we will sue you until you lose your house, and you don’t have that kind of money’ …He continued laughing and telling me they were ‘coming after me’, and I hung up.”

And, according to Clark, they did come after her–only three minutes after the check was delivered by Fed Ex which was 1:58PM on March 14th.

“At 2:01 there was a stranger at my door for over 7 minutes, ringing the door bell, and beating on my door. He then walked into my garage. He then returned to beating on my door. I watched him through the kitchen window, and did not open the door. I was afraid of what he might do, the way he was beating on the door. I find this more than a coincidence that I had just received the check. …I am very disgusted by their behavior, AND FRANKLY AM AFRAID FOR MYSELF, AND FAMILY…” [emphasis added].

 For those thinking this might be an exaggeration, I double-dog-dare you to read Simbro Group, LLC’s letter.   In my forty plus years dealing with insurance matters I’ve never read a corporate missive more threatening or more tasteless.  (See Note #1 and possible related information in Note #2 below).  As always, I am willing to print, in total, any response anyone may have to the implications of Ms. Clark’s affidavit.

In addition to roofers like Simbro, there are water firms like Pro Choice Remediation.  Similar to Kellie Clark and the two consumers in the Wall Street Journal article, Darlene Masturzo wished she’d never signed an AOB.  For the full story watch Channel 9’s Action News report on how a water tank leak in a 500 square foot manufactured home created “pure hell” for Ms. Masturzo and a $30,000 bill for her insurance company.

For months since she signed an AOB Darlene Masturzo has been unable to live in her home. Kellie Clark has been afraid to live in hers.

Watch last week’s Senate Banking and Insurance Committee. You won’t hear about Simbro or Pro Choice. You won’t hear about Kellie Clark, Darlene Masturzo, Brooke Fehr or Kelly Laub.  And, you won’t hear about a “moral hazard”.

But… you will see the faces of those who can eliminate it and, so far, have chosen not to do so.

##end##

NOTE #1: Here are just some of the troubling comments made in the letter.  Read it yourself and as you do, remember…the roofer had yet to perform any work on Kellie Clarks house.

  • “[Insurers] will check to see if a Roofing Permit has been issued at your address.  They will also do a drive by inspection to determine if you have installed the roof. If you have not they will not sell you home insurance. This holds true to all insurance carriers. No insurance=no mortgage=no home.”
  • “You do not have the right to these funds and do not have the right to return them to Heritage Property and Casualty.”
  • “Your roof has been damaged and will start to leak very soon. You will initially see a few small spots on a ceiling or wall.  Now the damage starts to cost a lot of money. Your insurance will not cover this damage since you did not get a new roof installed or take steps to prevent further damage.”
  • “In addition to water damage, black mold will start to form within 24 hours of the leak. This is a serious health hazard and a silent killer.”
  • “If you fail to do this or contact Heritage Insurance in order to stop this your actions will be damaging to The Simbro Group, LLC. I will immediately invoice you for the total amount of the check which is $18,238.50. If you do not pay this invoice within 30 days I will start foreclosure action on your house.”
  • “Do the wrong thing and you could lose a lot of money and maybe your house.”

NOTE #2: Perhaps unrelated, perhaps not, is the recent Sun Sentinel report regarding a mole at Heritage Insurance Company.  The allegation is that an attorney and a water extractor were in cahoots with an employee of Heritage that was illegally sharing proprietary and confidential claim information to harm Heritage and to unjustly enrich themselves. Presumably the employee was being paid. If true, two questions emerge: one, how widespread is this practice, and; two, is this how some roofers know which carriers insure which homes, as in the case of Kellie Clark?

IMPORTANT:  If you enjoyed this post you’re invited to subscribe for automatic notifications by going to: www.scottjohnsonflorida.com.  Enter your email address where indicated.  If you’re already on the website at Johnson Strategies, LLC:  go to the home page and enter your email address on the right hand side.  Remember, you’ll receive an email confirming your acceptance, so…check and clear your spam filter for notifications from Johnson Strategies, LLC.  ENJOY!

 

 

Share this articleEmail this to someoneShare on FacebookShare on LinkedInTweet about this on Twitter

Filed Under: Advocacy

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Primary Sidebar

Unless otherwise attributed, articles on this site are the opinions of Scott Johnson.

To subscribe to Scott’s blog…

JS Contributors

David Thompson, AAI, CPCU, CRIS
David Thompson has a well-deserved reputation across the country as a preeminent expert in the Property & Casualty field. Learn more
Bill Wilson, CPCU, ARM, AIM, AAM
Bill is one of the most respected speakers and writers on P & C issues in the U.S. He is recognized by his peers as someone who can explain complicated technical subjects in an easily understood and interesting fashion. His list of accomplishments and awards is legendary. For good reason his books, articles and consulting services are in continuous demand. Learn more
Barry Zalma, ESQ. CFE
Johnson Strategies has relied upon Mr. Zalma on numerous occasions for his research and insight into matters of insurance fraud, bad faith, relevant case law and expert analysis. Learn more

Order Scott’s Books

What's Past is Prologue

Lessons from the Worst Insurance Crisis in Florida’s History... ASSIGNMENT OF BENEFITS

Fact & Fallacy

Essays & Opinions on Florida's Most Controversial Insurance Topics.

Platforms of Success

What the New Generation of Elite Sellers are Doing and How it Can Work for You!

From Cartels to Competition

The Evolution of Insurance and the History of Florida’s Independent Agent

Recent blog posts

  • Needed PA Reforms!
  • WINDSHIELD BULLIES!
  • PUBLIC ADJUSTER FEES…2.5%!
  • Supreme Court Rules…FINALLY!
  • STREMS—The Final Chapter?

Blog Archive

  • March 2023 (1)
  • February 2023 (3)
  • January 2023 (1)
  • December 2022 (2)
  • November 2022 (1)
  • August 2022 (2)
  • July 2022 (1)
  • June 2022 (1)
  • May 2022 (2)
  • March 2022 (4)
  • February 2022 (3)
  • January 2022 (3)
  • November 2021 (2)
  • October 2021 (3)
  • September 2021 (1)
  • August 2021 (3)
  • July 2021 (4)
  • April 2021 (5)
  • March 2021 (3)
  • February 2021 (6)
  • January 2021 (6)
  • December 2020 (2)
  • October 2020 (3)
  • September 2020 (2)
  • August 2020 (2)
  • July 2020 (1)
  • June 2020 (2)
  • April 2020 (1)
  • March 2020 (1)
  • February 2020 (1)
  • January 2020 (1)
  • August 2019 (2)
  • June 2019 (1)
  • March 2019 (1)
  • January 2019 (1)
  • December 2018 (1)
  • November 2018 (1)
  • September 2018 (1)
  • July 2018 (1)
  • June 2018 (2)
  • October 2017 (2)
  • September 2017 (1)
  • August 2017 (1)
  • June 2017 (1)
  • April 2017 (2)
  • March 2017 (2)
  • February 2017 (1)
  • December 2016 (1)
  • October 2016 (1)
  • August 2016 (2)
  • July 2016 (1)
  • June 2016 (1)
  • March 2016 (2)
  • February 2016 (1)
  • January 2016 (2)
  • November 2015 (1)
  • October 2015 (1)
  • September 2015 (1)
  • August 2015 (2)
  • July 2015 (2)
  • June 2015 (2)
  • May 2015 (1)
  • April 2015 (2)
  • March 2015 (1)
  • February 2015 (3)
  • January 2015 (1)
  • December 2014 (2)
  • November 2014 (4)
  • October 2014 (1)
  • September 2014 (2)
  • August 2014 (2)
  • July 2014 (2)
  • June 2014 (2)
  • May 2014 (3)
  • April 2014 (2)
  • March 2014 (3)
  • February 2014 (3)
  • January 2014 (2)
  • December 2013 (2)
  • November 2013 (2)
  • October 2013 (2)
  • September 2013 (2)
  • August 2013 (2)
  • July 2013 (3)
  • June 2013 (2)
  • May 2013 (3)
  • April 2013 (2)
  • March 2013 (3)
  • February 2013 (5)
  • January 2013 (2)
  • December 2012 (4)
  • November 2012 (3)
  • October 2012 (4)
  • August 2012 (5)
  • July 2012 (5)
  • June 2012 (4)
  • May 2012 (3)
  • April 2012 (7)
  • March 2012 (3)
  • February 2012 (3)
  • January 2012 (5)
  • December 2011 (6)
  • November 2011 (7)
  • October 2011 (6)
  • September 2011 (2)
  • August 2011 (7)
  • July 2011 (7)
  • June 2011 (4)
  • May 2011 (4)

Tag Cloud

7-7-7 Plan Citizens Insurance oir Rick Scott sb-480 senator fasano senator richter
Unless otherwise attributed, articles on this site are the opinions of Scott Johnson.

Mission: Satisfaction Guaranteed

Johnson Strategies (JS) works to establish and achieve goals promoting products or idea's to customers, state policymakers and the consuming public. This is done on behalf of both corporate and individual clients, non-profit trade associations and membership societies. JS specializes in planning, communication and advocacy for a wide range of interests focused in the property and casualty insurance field. Our simple mission is to guarantee satisfaction based on a comprehensive needs analysis and mutually defined goals.

Categories

Popular Tags

7-7-7 Plan Citizens Insurance oir Rick Scott sb-480 senator fasano senator richter

Post Calendar

March 2023
M T W T F S S
« Feb    
 12345
6789101112
13141516171819
20212223242526
2728293031  

Recent Posts

  • Needed PA Reforms!
  • WINDSHIELD BULLIES!
  • PUBLIC ADJUSTER FEES…2.5%!
  • Supreme Court Rules…FINALLY!
  • STREMS—The Final Chapter?
  • Collapse of an Evil Empire…DISBARRED!
  • A Great First Step…

Copyright 2012, Johnson Strategies LLC. Website design/development by Cali Design LLC