Advocacy

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…]

You’ve read my past opinions on the reprimands judges have given to some Florida plaintiff’s attorneys.  In describing their bad behavior court documents contain phrases like “trifled with the justice system” and the words “perpetrated”, “fraud” or “deception” –all to describe trial attorneys and firms doing what they too often accuse insurers of doing; “acting in Bad Faith.”   

Nothing confirms bad faith by some plaintiff firms and their complicity with public adjusters more than the recent case of Auto Owners vs. Summit Townhomes—a Colorado suit involving one of Florida’s leading lawsuit mills, the Merlin Law Group.  (See Note #1 below) [Read more…]

While I write these words millions of homeowners are still mopping up after Hurricane Matthew. Some have lost their homes. Others their lives.  Concomitantly, after meticulously implementing their Cat Plans, Florida insurers, agents and emergency personnel of every breed worked, literally 24/7, to return property and persons to pre-storm condition.  (See Note #1 below)

Shameful that too many responders are of a different persuasion–Matthew is to them, what the civil war was to carpetbaggers—a disgraceful occasion to profit.

Always in the name of consumers! [Read more…]

Old timers may remember the 1976 movie, “Network”, in which a frustrated TV commentator sparks a national protest by shouting the angry refrain… “I’m mad as hell and I’m not gonna take it anymore!”

It strikes me there are those who may be reaching a similar breaking point with Assignment of Benefits (AOB). [Read more…]

A while back a former insurance agent and friend of mine, Wilbur Jones, celebrated his 101^st birthday by having dinner at one of Tallahassee’s premier downtown venues, appropriately named…the 101 Restaurant.

This morning I read the sad news that Wilbur Jones had passed away, dying of natural causes at the age of 104.

He was an unusual man to say the least.  [Read more…]

No one really needs more proof that remediators of all types conspire to defraud the public.  I certainly don’t.  Not when it comes to Assignment of Benefits (AOB).

Even when exposed for having done so they and their attorneys will often play the blame game, so their fraud game, can continue to bring home the bacon.  Blame each other, blame the policyholder.  Blame it on a billing mistake that’s been corrected or a bad employee that’s been disciplined or fired.

Then…do it all over again! [Read more…]

Just FYI: while well worth reading, this blog is more of a lamentation than my usual analysis and opinion.  Take it for what it’s worth.

Recall that in my immediate preceding blog I wrote of a threat I received during the Insurance Consumer Advocates (ICA) water loss forum in Boca Raton.  It happened prior to my presentation, and was an obvious attempt by a trial lawyer at intimidation–specifically, “play nice” or get a “desist letter”.

In that blog I concluded we may all be playing a little too nice. [Read more…]

Hats off to Florida’s Insurance Consumer Advocate (ICA), Sha’Ron James!

When any public figure conducts a public meeting, especially one dealing with insurance, it’s a tightrope at best, requiring both patience and parliamentary acumen.  Her decision to host a water loss forum in southeast Florida (6/14/16, Boca Raton) not only salutes her skill on the high wire, but… it shows determination to help consumers despite others who appear less inclined. [Read more…]

I’ve heard it said many times that when it comes to Assignment of Benefits… “Florida cannot regulate its’ way out of the crisis”.  

Regulation, after all, hasn’t stopped bad practices for those who are already regulated.  Roofers are one example.  Plumbers another–they’re regulated but still accept exorbitant kickbacks in the form of referral fees and are thus complicit in, and partially responsible for, the inflation of invoices from those paying the kickbacks. [Read more…]

With less than a week to go in the 2016 legislative session AOB reform is, again, dying. There’s a small chance of something limited. Banning referral fees and kickbacks for example. But… most industry lobbyists are prepared to scuttle anything limited only to referral fee’s without reforming attorney fees and AOB. [Read more…]